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COMMERCIAL LITIGATION

Commercial business litigation simply refers to any type of legal conflict relating to business issues. When matters become highly contentious between two or more businesses or corporations and one company takes legal action against the other, it is referred to as commercial litigation. Commercial litigation is a broad term that refers to all business conflicts, whereas business law itself is distinct in that it also covers the drafting of contracts and agreements (matters that may one day lead to a dispute). In simple terms, commercial litigation typically involves one or more businesses locked in a dispute over money or some other type of property. Common examples of commercial litigation include the following:

  • Breach of Contract –A breach of contract can involve purchases and sales of securities, real estate transactions, agreements to provide goods or services, or mergers and acquisitions.
  • Employment Disputes – Disputes over health and pension benefits, overtime, age, race, gender or religious discrimination, all of these would fall under the category of employment disputes.
  • Tortious Interference with Contract –This occurs when a third party successfully interferes with or otherwise prevents the performance of an agreement between two parties.
  • Breach of Fiduciary Duty – iduciary duty is an obligation to act in the best interests of another party or entity. For example, a corporation’s board member will have a certain fiduciary duty to the shareholders, while a trustee has a legal obligation to the beneficiaries of an estate. It’s not uncommon for people in a position of trust such as corporate officers, directors, agents, trustees or partners to violate that trust and their fiduciary duty to the company they were working for or with.
  • Fraud and Deceptive Trade Practices – Any type of fraudulent activities and misrepresentations in business transactions.
  • Disputes Over Non-Compete Clauses – These disputes involve non-competition, non-solicitation, and non-disclosure agreements by former business associates, owners and employees. When there is a breach in one of these clauses, it may result in a lawsuit that includes a request for emergency relief by means of a pre-trial injunction or a restraining order.
  • Antitrust Violations – Antitrust violations cover price discrimination, price fixing conspiracies, monopolizing a market, and conspiracies to allocate customers, or divide territories or otherwise control and prevent fair competition in the marketplace.
  • Violating Intellectual Property Laws – Violations against intellectual property laws including: patents, copyrights, trademarks, trade dress, service marks and also trade secrets.
  • Debt Collection – Collecting various types of debts such as guaranty agreements, promissory notes, and mortgages and deeds of trust.

Other types of commercial litigation include: partnership disputes, Civil RICO, ERISA, business dissolution, class actions, franchise issues, and shareholder issues among others.

FREQUENTLY ASKED QUESTIONS

hat is Commercial Litigation?

Commercial litigation involves legal disputes between businesses and/or individual people in matters pertaining to areas such as:

  • Alternative Dispute Resolution methods, such as Arbitration and Mediation
  • Breach of Fiduciary Duty
  • Business Torts
  • Buy/Sell Agreements
  • Contract and Anti-Trust Litigation
  • Dealer Termination
  • Debtor/Creditor Disputes
  • Dissolution of Business
  • Employment Disputes
  • Fraud
  • Indemnification and Breach of Contract
  • Libel, Slander and Defamation of Character
  • Limited Liability Company (LLC) Member Disputes
  • Merger and Acquisition Litigation (including bank and bank holding company acquisitions)
  • Partnership Disputes
  • Secure Transactions
  • Securities Litigation
  • Shareholder Disputes and Derivative Actions
  • Trade Secrets
  • Unfair Competition

Why Hire a Commercial Litigation Lawyer?

Commercial litigation is very specialized and often complex. Commercial litigation can also cover a wide variety of civil and criminal law matters on both state and federal levels. An experienced attorney can advise you of your legal rights and obligations to help save you money and legal hassles down the road. A qualified attorney can also help by giving you timely advice that can save you from costly litigation.

What is Involved When Litigating a Commercial Litigation / Business Issue?

While each commercial litigation issue varies, in general, commercial litigation follows all the steps involved in a civil lawsuit-getting an attorney, filing motions, engaging in settlement negotiations, trial, and possibly appeal.

What is a Breach of Contract?

A breach of contract is a failure to fulfill the duties under the contract terms. A contract can be breached in the following ways: one party does not perform as promised; one party does something that makes it impossible for the other party to perform the duties under the contract; or one party makes it clear that they do not intend to perform the contract duties.

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