About litigation

Business and commercial litigation is an area of law that focuses on various types of disputes that can arise beyond the daily operations of a business.

Any time there are two or more parties (one or more is a business entity such as a partnership or corporation) involved in a non-criminal legal dispute, what results is commercial litigation. Usually, one of the parties sues another party in order to enforce or defend a legal right.

Examples of common commercial disputes

Common types of commercial disputes that fall under this broad topic include:

• Breach of contracts
• Partnership and joint enterprise disputes
• Class actions
• Business torts
• Breach of fiduciary duty
• Shareholder to shareholder issues

The process

During the litigation process, the suing party (known as the Plaintiff) typically seeks compensation, financial damages, or some other form of action.

To get started, first the Plaintiff retains an attorney and then both sides conduct factual investigations. Attorneys for both sides are then tasked with researching applicable laws and engaging in settlement negotiations.

Depending on the specific requirements of the case, attorneys may also:

• Conduct discovery
• Participate in motion practice
• Try the case before a judge or jury
• File motions post-trial