To put it simply, there are many different types of lawsuits, also known as litigations. When a business is involved in a lawsuit, it is generally known as commercial litigation. What is commercial litigation? And what are you options?
Commercial litigation involves virtually every type of dispute that can arise in the business context, including:
- Commercial lending and financing problems,
- Enforcement of intellectual property rights,
- breach of contract cases,
- partnership/joint venture disputes,
- class actions,
- business torts,
- breach of fiduciary duty allegations, and;
- shareholder issues.
Successful commercial litigators need to be able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of the client.
Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes, whether they are “bet-the-company” cases or more discrete matters.
Before We Go Any Further – We Can Help
Engaging in commercial litigation can be daunting when you lack the right resources. We use our trial experience to support your company’s broad litigation goals and our litigation experience to support your business goals.
The commercial litigation lawyers at Berkovitch & Bouskila tap into a varied set of skills to resolve the commercial litigation problems of the firm’s clients.
What Is Commercial Litigation?
Commercial Litigation refers to a litigation that involves a commercial dispute between two or more business entities.
Commercial litigation might, therefore, be considered a subset or subcategory of civil litigation (where criminal charges are not involved).
Any time there are two or more parties involved in a non-criminal legal dispute, what results is considered to be civil litigation. Typically, in civil litigation the parties are suing to enforce or to defend a legal right, and the suing party is seeking to be compensated with either money damages or some action.
A commercial dispute occurs when one or more of these parties are a business entity such as a partnership or a corporation.
Types of Commercial Litigation
Some examples of common, yet complex, types of commercial litigation include:
- Corporate and Commercial Litigation: Where an individual may bring suit against a business entity or the other way around.
- Breach of Contract: When a service, vendor, representative of any business asset, or others who refuse to keep their end of the agreement or contract break any contract that is drawn up on behalf of the company, then they are in breach.
- Consumer Class Action Lawsuits: When a group of similarly situated individuals bringing a group lawsuit against someone who harmed them. Some instances include situations where defective products or privacy violations harmed several people in the same way.
- Antitrust Litigation: When the business practices of a company are not in compliance with competition regulations. Antitrust litigation may be either civil or criminal in nature (or both).
- Fraud and Deceptive Practices: When a business may not have been completely honest in representing their service or products, while conducting business. There can be a misuse of Intellectual Property as well.
- IP Litigation: It may involve patent infringement, trademark infringement, or copyright infringement. An intellectual property attorney may represent the aggrieved party or the defending party in such litigation.
- Employer/employee disputes: Employer/employee disputes, like overtime, health, or discrimination issues, can cause businesses legal battles.
- Regulation Issues: When a company does not follow the regulations of their industry, both civil and criminal sanctions may result. Many regulatory practice area attorneys focus on one specific industry such as the environmental or energy industry.
- Securities Litigation: Securities litigation involves disputes between issuers of securities and the individuals who invest in them.
The key is our capability for aggressive litigation, and our reputation for resolving disputes – with litigation as the last resort. We represent our clients in federal, state and local jurisdictions aggressively.
Impacts of Today’s Market on Commercial Litigation
The legal landscape is constantly shifting as a result of changes in political administrations, rules and regulations, the economy, court appointments, and the law as a whole. As the market changes and technology changes, the commercial litigation field must also adapt.
With new and emerging technologies, the law has adapted, and plaintiffs have found new causes to litigate such as patent infringement and breach of online contract. High tech companies are growing significantly and playing a larger role in the growth of the commercial litigation practice area.
These are the companies most likely to engage in high-risk and high-dollar litigation because of the nature of the subject matter. Often it is the intellectual property, trade secrets, or big-dollar contracts of the company at stake when engaging in these lawsuits.
What is clear is that there will always be a need for commercial litigation even as commerce evolves.
Is Commercial Litigation Cost Effective?
The question isn’t always what is commercial litigation, but whether or not it will be worth it for your business. Commercial disputes can quickly escalate and become costly in terms of time and expense. This checklist will help you handle disputes with the aim of resolving them.
- Understand the case: Review what was agreed, and how clear the agreement was. Clarify how the other party has failed to live up to the agreement. Consider to what extent you may have contributed.
- Consider the loss: Assess the loss you have suffered as a result and consider any loss they may claim to have suffered.
- Gather evidences: Collate evidence (e.g written contracts, correspondence and witness statements).Try to negotiate an amicable resolution. Keep evidence of negotiations including copies of letters and notes on conversations.
- See dispute resolution processes: Follow any alternative dispute resolution processes outlined in your contract before pursuing legal recourse
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We are focused on getting the best possible results for our clients. If you have questions or concerns about commercial lawsuits, our team can help you understand your rights and options.