What is commercial litigation?
The terms “commercial” and “business” have the same meaning and are used interchangeably when discussing the type of litigation associated with corporate law. Corporate law is a legal area that focuses on various types of disputes that can arise beyond the daily operations of a business.
A commercial litigation can be between an individual and a business (such as a partnership or corporation) or between two businesses. Usually, one of the parties sues another party in order to enforce or defend a legal right. Given that these lawsuits are public records, it can create a potential public relations issue for a company. Because a company’s reputation is a valuable asset, effectively handling a dispute throughout the litigation process is paramount.
Examples of common commercial disputes
There are many types of commercial litigation and plenty of situations where corporate law may apply.
Common types of commercial disputes that fall under this broad topic include:
- Breach of contracts
- Partnership and joint enterprise disputes
- Class actions
- Trade secret disputes
- Insurance disputes
- Business torts
- Breach of fiduciary duty
- Shareholder to shareholder issues
The commercial litigation process
During the commercial litigation process, the suing party typically seeks compensation, financial damages, or some other form of action.
Most cases of commercial litigation involve contracts and agreements. In many instances these disputes can be settled out of court. However, having a skilled lawyer who can negotiate on your behalf often leads to a better and more preferred outcome. Settling outside of court also leads to lower legal fees and court fees.
Commercial litigation can be very complex. Both sides involved in the dispute must conduct factual investigations. Attorneys, if retained, 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
At no point during the litigation process is it advisable to speak directly with the other party. A seasoned attorney will help you assess the merits of the case so that it can be determined the best way to pursue or defend against a claim.
Sacramento commercial litigation lawyer
When you hire the Fraser Law Firm, P.C. to handle your case, you can rest assured that you’re getting the best and most effective representation.
We have the knowledge, experience, and expertise and offer sound judgement and help you resolve issues amicably. We excel at providing strategic decision-making and understand how an error in judgement can destroy a business.
Every client matters. Whether your case is large or small, you will receive expert advice, guidance, and attention from an experienced attorney who will ensure that your rights are protected and that your case is handled professionally.