A commercial litigation lawyer handles many different types of cases when disputes arise between businesses. They have been specially educated and trained in business related interests, often juggling multiple important responsibilities for business clients.
The biggest difference between commercial and civil litigators is that commercial litigators work with businesses and civil litigators work with individuals. While the cases may often progress in a similar fashion, they are vastly different in several ways.
Commercial litigation tends to involve complex issues because of the nature of the clients. A commercial litigation lawyer must understand and wade through a maze of intricate processes and laws related to their business clients. Their cases tend to be much more costly to litigate due to the cost of discovery, e-discovery, and the use of forensic experts at trial.
Here’s what you need to know about the kinds of cases handled by a commercial litigation lawyer.
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Breach of Contract Cases
Breach of Contract cases are some of the most common types of claims seen by a commercial litigation lawyer. Each party’s specific obligations are outlined in most well-written contracts between businesses. When a business fails to satisfy its contractual obligations, it can find itself on the wrong end of a commercial litigation suit.
Commercial litigation suits involving breach of contract attempt to restore the plaintiff, leaving them “whole” after the proceedings. This involves restoring the plaintiff to the position it would have occupied had the opposing party fulfilled its original contractual obligation.
Intellectual Property Disputes Over Rights
A commercial litigation lawyer who handles intellectual property rights typically litigates disputes over creations of the mind. Patents, copyrights, trademarks, and trade secrets are all used to protect such creations as they are integrated and used in the business industry. Violating intellectual property rights causes significant harm to the owner and requires the intellectual wisdom of a trained commercial litigation lawyer.
Strategic Partnership Disputes
Partnership disputes are also some of the more common disputes litigated by commercial litigation lawyers. When 2 or more people share ownership of a business in addition to management responsibilities, disputes can easily arise.
Disagreements over management style, resource allocation, and even prioritizing responsibilities can lead to heated debates and discrepancies that can only be settled with an attorney. Partnership disputes often lead to the dissolution of the partnership or the company itself and can require a skilled attorney to permanently settle affairs.
Securities Litigation
This type of commercial litigation involves multiple varieties of claims related to investments. Securities litigation includes stock, bonds, and other securities so it can become extremely complex.
These complicated cases may involve claims of insider trading, fraud, breach of fiduciary duty, and more. It takes a highly skilled commercial litigation lawyer who is experienced in both federal and state securities as well as the intricate complexities of the laws that govern them to successfully litigate these types of cases.
Consumer Class Action Suits
Consumer class action lawsuits involve a group of individual people who were similarly harmed by company actions or a defective product. For instance, you may often hear of consumer class action lawsuits against vehicle manufacturers for some type of defect that presents an irreparable harm to those who own that type of vehicle.
These lawsuits can be extensive and costly for a company and usually require the developed skills of an established commercial litigation attorney.
Shareholder Disputes
A corporation is a legal entity. As such, it retains its own legal rights and responsibilities apart from those of its shareholders. When conflicts arise between shareholders, a commercial litigation lawyer may be needed to settle the dispute or represent the interests of the corporation itself.
Shareholders often disagree on the best way to run the company, how the profits should be allocated, or how the shares should be valued. Depending on the nature of the disagreement, shareholder disputes can often prompt derivative action like a breach of fiduciary claim levied against acting officers in a company.
Employment Issues
Employment disputes are on the rise, and they show no signs of slowing in the coming years. The relationships between employees and the companies they work for are governed by state and federal laws, but disagreements often arise.
Employees have the obligation to provide the work they were hired for while protecting company trade secrets. Companies must comply with fair wage, non-discrimination, and hourly laws to prevent being sued. Employees who believe their employer has acted unfairly or illegally can bring a suit against the company. The business will need the services of their commercial litigation lawyer to settle this claim.
Insurance Disputes
Businesses rarely read the fine print of an insurance contract until a dispute arises or a potentially legitimate claim is denied. Insurance companies are profit driven businesses who make their money from insurance premiums and denying claims.
Multiple perspectives, generalized language, and shifting burdens of proof can all lead to disagreements resulting in insurance disputes. Working with a commercial litigation lawyer can help protect your company’s interests to ensure these disputes are settled in your favor.
Preparing for Change
If one thing is inherently clear, it is that commercial litigation is evolving with commerce. The changing landscape of the business market is adapting with emerging technologies, blazing new trails, and even finding new causes to litigate. Information technology companies are playing a larger role each year in the commercial litigation market and that shows no signs of slowing anytime soon. One thing’s for certain.
Preparing for change and possibilities is the best way to mitigate risk. Working with a trusted commercial litigation lawyer sooner rather than later can help you take the necessary action to prevent a costly lawsuit in the first place. The best way to avoid being sued is to prevent it altogether.
Partner With a Skilled Commercial Litigation Lawyer Today
A commercial litigation lawyer can handle a broad range of legal disputes that arise in the business market. The examples discussed earlier are only a fraction of the types of cases handled by a commercial litigation attorney looking out for the best interest of your business.
In many instances, working with one of these specialized and experienced attorneys can help you make informed business decisions and take steps that prevent your business from winding up on the wrong end of a commercial dispute to begin with.
The best defense is a great offense and preemptive action is worth its weight in gold. Whether you need help with a current commercial dispute or want to prevent one from occurring, partner with an established commercial litigation lawyer today.
