COMMERCIAL LITIGATION

OVERVIEW

Peck Baxter represents businesses, owners, executives, investors, and other clients in complex commercial disputes. Our litigators handle matters ranging from contract and ownership disputes to fraud, fiduciary-duty claims, real estate litigation, intellectual property disputes, and other high-stakes business conflicts.

Our commercial litigation practice is built around substantial courtroom and trial experience. We understand that the strongest litigation strategy begins with the ability—and willingness—to take a case through trial when necessary. From the outset of an engagement, we evaluate the facts, identify the strengths and vulnerabilities of the case, and develop a strategy with the ultimate outcome in mind.

We also recognize that winning a business dispute is not always measured by a courtroom verdict. Litigation can affect operations, relationships, reputation, capital, and management attention. Our attorneys work closely with clients to understand those considerations and pursue a strategy proportionate to what is actually at stake.

Business & Contract Disputes

Peck Baxter prosecutes and defends a broad range of business and contractual claims, including:

  • Breach of contract and contract interpretation

  • Business purchase and sale disputes

  • Post-closing and earnout disputes

  • Partnership, shareholder, member, and joint venture disputes

  • Closely held business and ownership disputes

  • Breach of fiduciary duty

  • Fraud, fraudulent inducement, and misrepresentation

  • Tortious interference and other business torts

  • Unfair competition and trade practices

  • Noncompetition, nonsolicitation, confidentiality, and exclusivity agreements

  • Commercial real estate and development disputes

  • Construction and development disputes

  • Commercial lending, financing, and investment disputes

  • Franchise and distribution disputes

  • Intellectual property and licensing disputes

Whether a dispute involves a single contract or threatens the future of an entire enterprise, our objective is to understand the business behind the litigation and develop a strategy designed around the client's broader goals.

Emergency & Equitable Relief

Some commercial disputes cannot wait for the ordinary pace of litigation. When immediate action is necessary to preserve assets, protect confidential information, stop harmful conduct, maintain the status quo, or prevent irreparable injury, Peck Baxter is prepared to move quickly.

Our attorneys represent clients seeking and defending against temporary restraining orders, preliminary injunctions, permanent injunctions, declaratory relief, and other forms of emergency and equitable relief.

These proceedings often require counsel to understand a complicated factual record quickly, develop a focused legal strategy, and present a persuasive case on an accelerated schedule. Our litigation team is structured to respond accordingly.

Business Ownership & Fiduciary Disputes

Disputes among business owners can be particularly difficult because legal claims are often intertwined with longstanding financial and personal relationships.

Peck Baxter represents shareholders, LLC members, partners, founders, executives, and companies in disputes involving ownership and control, fiduciary duties, access to company information, distributions, dilution, self-dealing, misuse of company assets, buyouts, valuation, and alleged minority-owner oppression or misconduct.

We approach these matters with an understanding that the objective may extend beyond obtaining damages. Depending on the circumstances, the appropriate strategy may involve preserving the business, obtaining control or information, unwinding a transaction, separating ownership interests, recovering assets, or securing other equitable relief.

Fraud & Business Torts

Peck Baxter represents clients in complex disputes involving allegations of fraud, fraudulent inducement, concealment, misrepresentation, breach of fiduciary duty, tortious interference, unfair competition, conspiracy, and other business torts.

These cases frequently involve complicated transactions, extensive financial records, multiple parties, and competing accounts of what occurred. Our attorneys work to develop the factual record methodically while keeping the ultimate litigation strategy focused and understandable.

Real Estate & Development Litigation

Drawing on the firm's broader real estate and transactional experience, Peck Baxter represents developers, investors, property owners, businesses, lenders, and other parties in disputes involving real estate transactions, development projects, purchase agreements, commercial leases, financing arrangements, construction matters, ownership interests, and other property-related claims.

Our understanding of the underlying business and economics of real estate transactions allows us to approach these disputes as more than abstract legal problems. We understand how development, financing, ownership, and operations interact—and how litigation can affect each of them.

Our Approach

Effective commercial litigation begins well before trial. When Peck Baxter becomes involved in a dispute, we work with the client to understand the facts, evaluate potential claims and defenses, identify critical evidence, and determine what a successful resolution should actually accomplish.

We look for opportunities to resolve disputes efficiently when doing so advances the client's objectives. But we prepare cases from the beginning with trial in mind. That approach informs discovery, motion practice, settlement strategy, expert development, and every significant decision along the way.

Where a case can be resolved through an early dispositive motion, negotiated resolution, mediation, or arbitration, we pursue those opportunities strategically. Where trial is necessary, we are prepared to try the case.

Our goal is not simply to litigate a dispute. It is to develop and execute the strategy most likely to protect the client's business, legal rights, and long-term interests.

RELATED SERVICES

Partnership Disputes

Real Estate Litigation

Trademark Litigation

Supreme Court & Appellate

Trial Litigation

Copyright Litigation

Patent Litigation

PEOPLE

PARTNER

SHAWN P. BAILEY

Logan, UT +1 435-787-9700

sbailey@peckbaxter.com

PARTNER

SHAUN L PECK

Logan, UT +1 435-787-9700

speck@peckbaxter.com

PARTNER

BRANDON J. BAXTER

Logan, UT +1 435-787-9700

bbaxter@peckbaxter.com

ASSOCIATE

MICHAEL D. JEWELL

Logan, UT +1 435-787-9700

mjewell@peckbaxter.com

ASSOCIATE

COLE C. PARKINSON

Logan, UT +1 435-787-9700

cparkinson@peckbaxter.com

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