Commercial litigation involves legal disputes arising within the business context, encompassing various conflicts that may arise among companies, partners, shareholders, or entities. These disputes can cover a wide array of issues, including contract breaches, partnership disagreements, intellectual property disputes, employment disputes, breach of fiduciary duty claims, and shareholder disputes, among others.
It’s a complex area of law that demands a deep understanding of business operations, contractual agreements, industry regulations, and legal strategies. Levy & Partners specializes in commercial litigation, navigating through negotiations, mediations, and, if necessary, trial proceedings to resolve conflicts and safeguard their clients’ interests.
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.
“Levy & Partners’ insights on commercial litigation are a true beacon of clarity! It’s as if their team sat down and crafted a conversation rather than a dry legal breakdown. Their explanations are like having a friendly expert by your side, guiding you through the maze of legal complexities with ease.
For anyone seeking a knowledgeable, down-to-earth guide through the complexities of commercial litigation, Levy & Partners’ insights are a must-read. They’ve truly demystified the legal landscape and made it accessible to everyone.” Jannis L
How a Commercial Litigation Attorney in Hollywood, FL Can Assist
A commercial litigation lawyer at Levy & Partners provides essential support for managing and resolving business disputes. We meticulously review your case, develop strategic legal plans, and represent your interests with skill and determination. From negotiating settlements to handling courtroom battles, our goal is to protect your business and secure favorable outcomes while navigating complex commercial issues effectively.
Contact Our Commercial Litigation Attorney at Levy & Partners
Dealing with a complex business dispute? Reach out to our experienced commercial litigation lawyer at Levy & Partners for expert advice and aggressive representation. Contact us now by filling out the contact form or calling us directly to explore how we can effectively manage and resolve your commercial litigation issues.
Schedule your consultation online or call us at (954) 727-857.
Frequently Asked Questions
What Is Commercial Litigation?
Commercial litigation encompasses legal disputes that arise within business contexts. These disputes can involve contractual breaches, partnership conflicts, shareholder disagreements, intellectual property disputes, employment issues, and more. It’s a legal process where businesses seek resolutions for conflicts, often involving negotiations, mediation, or court proceedings to protect their interests and seek legal remedies.
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.
How Long Does Commercial Litigation Typically Take?
The duration of commercial litigation varies widely based on factors like case complexity, court schedules, and the willingness of parties to negotiate or settle. Some cases might resolve within a few months through negotiation or mediation, while complex cases that proceed to trial can take several years to reach a resolution.
What Are the Costs Involved in Commercial Litigation?
The costs of commercial litigation can include attorney fees, court fees, expert witness fees, and other related expenses. Legal fees may be hourly-based or structured as contingency fees (based on case outcome). Additionally, the costs could escalate if the case prolongs or goes to trial.
What Are the Potential Outcomes of Commercial Litigation?
The outcomes of commercial litigation vary. If the case goes to trial, the court might issue a verdict favoring one party, resulting in monetary compensation or specific performance. However, settlements reached outside of court can include financial agreements, changes in business relationships, or other terms agreed upon by the parties involved.
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.
Schedule your consultation online or call us at (954) 727-8570
