Litigation

CMX’s Litigation practice represents business entities, individuals, entrepreneurs, professionals, contractors, business and property owners, real estate developers, partnerships, corporations, LLCs, non-profits, banks and business entities in New York State and Federal courts in disputes ranging from small conflicts to complex commercial litigation before state and federal trial and appellate courts, arbitrators and administrative tribunals. We have litigated business disputes for clients ranging from large companies and large regional employers to small, closely-held businesses and individuals.

Our lawyers take a collaborative approach whether representing our clients as defendants or plaintiffs and have one thing in mind - driving successful outcomes for our clients.

We search for creative and effective solutions to legal disputes. We encourage alternative dispute resolution when appropriate as a means to reduce the cost and burden of lawsuits allowing parties to explore innovative and principled compromise.

We understand that the value of our representation is measured both by the results we obtain and the satisfaction of our clients. Accordingly, we are committed to a service-oriented approach to all matters entrusted to us. We strive to exceed our clients’ expectations for high quality and vigorous advocacy, regular communication, and sensitivity to cost. When disputes go to court, we work closely with clients to implement litigation strategies that balance business objectives and the likelihood of success with budget constraints.

CMX’s promise about our litigation services is simple. While we cannot guarantee any particular outcome, we do promise to work tirelessly on your behalf and to keep you timely informed about developments in any matter entrusted to us.

We understand that business litigation is expensive and that when it comes to fee arrangements one size does not always fit all. Thus, in certain circumstances, we are open to shouldering some of the risk of litigation along with you. Unlike most traditional law firms, CMX does not insist that every legal matter must be paid for on an hourly basis. While hourly billing is often the best way to efficiently achieve your objectives, sometimes a creative fee arrangement can provide more certainty and budget control, along with creating opportunities to offset risks for us. We will work with you to explore an alternative payment arrangement that works for you and your budget.

Alternative fee arrangements under which we may take risk with you include:

• Fix or Flat Fees. We agree to an up-front set fee for the representation. Often used in routine or repetitive litigation, but can be varied to involve an agreed monthly or other periodic fee for a larger lawsuit or a flat fee for specific segments such as for discovery or the trial.

• Contingency Fees. We agree to be paid based on results achieved, sometimes with a reduced hourly rate. Payment is often expressed as a percentage of the recovery or settlement. Not every type of case is suited for this arrangement but where they are, we are glad to consider this arrangement.

• Capped Fees. You pay up to a specified maximum amount on an hourly basis, but no more. This arrangement is often paired with a reduced contingency fee.

• Defense Contingency. We agree on some successful parameters and there is a discounted fee associated therewith. In the event a more favorable outcome is achieved, then CMX is paid a success premium. In other words, the fee is in part dependent on how much we save you from paying.
• Hold Back. We agree on a fixed price or hourly rate and you establishe success parameters. An agreed-upon percentage of all your payments are deposited into our Trust Account and held until an identified milestone or the conclusion of the dispute. At that time, you decide whether CMX should be paid all or part of the Hold Back amount and whether any success premium is due.
• While litigation is time consuming and not always the most efficient means to resolve disputes, and while we try to be creative to the extent risk sharing is properly aligned with a possible fee structure other than hourly rates, do note that fees may be apportioned based on case complexity whereby a combination of any of the aforementioned billing arrangements may be contemplated.

Please contact CMXLaw with any inquires you may have.