Commercial Litigation

Commercial Litigation at Burch & Cracchiolo is extensive, wide-ranging and a major cornerstone of the practice throughout the firm's history. Our commercial litigation attorneys are adept at developing timely, cost-effective resolutions to commercial disputes and shepherd our clients through the process from the first sign of dispute through to resolution, trial and appeal, when necessary. As a firm, Burch & Cracchiolo prides itself in offering among the most comprehensive services available in this area. Our commercial litigation practice includes an excellent staff of paralegals and legal secretaries with significant experience in assisting attorneys in commercial litigation.

The firm's attorneys practice in all Arizona state and federal courts and administrative agencies, providing cost-effective legal representation to business clients. Our attorneys provide advisory services designed to find alternative solutions in order to prevent litigation and a number of our attorneys are experienced arbitrators and mediators, as well as skilled advocates in the alternative dispute resolution process.

Burch & Cracchiolo is conscious of our clients' desire to minimize attorneys' fees and costs. The ultimate goal is to reach early resolutions with the most cost-effective results. Commercial litigators, in turn, often provide "team" oriented services for clients, if the size and magnitude of the matter warrant it.

Alternative Dispute Resolution

Burch & Cracchiolo attorneys are committed to assisting our clients in resolving disputes in the manner that most effectively meets our clients' goals. In many cases, the situation calls for an alternative to the traditional litigation process culminating in a jury trial which may become protracted and expensive. In many cases, the cost, delay, publicity, and lack of control over the outcome are just too high of a price to pay for the right to a jury trial.  Our commercial litigation team is highly skilled at achieving favorable outcomes for our clients who are better served by resolution outside the courtroom.

Cases may be resolved through negotiation which involves negotiation between the parties, with the assistance of their respective attorneys; arbitration, which involves the selection of one or more neutral third parties who render a binding decision following the presentation of evidence; mediation, which involves the use of a skilled neutral third party who does not have the power to impose a solution, but assists the parties in arriving at their own confidential solution; mini-trial which involves a hearing before a neutral third party selected by the parties; or, in some cases; summary jury trial which involves a private proceeding in a courtroom overseen by a judge, where parties agree that jurors selected in a manner similar to an ordinary jury trial may render either a binding or non-binding decision that will lead the parties in a resolution.

Appellate

The attorneys at Burch & Cracchiolo are highly experienced in handling appeals in the full spectrum of litigation matters arising from both state and federal trial courts. Services range from evaluating the merits of a potential appeal to handling the matter throughout the appellate process. Our attorneys are skilled in the written and oral advocacy necessary for appellate persuasion and we have represented parties involved in appeals in virtually all areas of the law, working with lawyers within Burch & Cracchiolo as well as those from other firms with appeals.

Business Litigation

Business litigation attorneys provide services for our clients in regard to disputes in a full array of disputes related to contracts, business torts, partnerships, professional malpractice, trademarks, franchise, AZRAC and federal RICO, health care, securities litigation, trade secrets, collections, covenants not to compete, Uniform Commercial Code, and various other business related matters.

Financial Services Litigation

Throughout our 40 years of practice, Burch & Cracchiolo has represented clients in a variety of matters affecting the financial services industry. Our experienced litigators regularly advise and defend banks, mortgage lenders and brokers, consumer finance companies and other financial institutions in a variety of disputes in state and federal courts and in arbitration, as well as before governmental agencies.

Securities and Corporate Governance Litigation

The attorneys at Burch & Cracchiolo represent clients in cases involving securities issuers and their officers and directors, as well as investment advisors, underwriters and other professional services firms. Our attorneys have litigated such cases in state and federal court and before regulatory bodies. We also assist CPAs and accounting firms in a variety of complex matters involving accounting, auditing, and securities law issues.