What is Commercial Litigation?
Commercial Litigation Explained
Commercial litigation is an area of law that helps commercial entities settle business disputes. These cases are often business-to-business litigation, where there is no clear plaintiff nor defendant, but rather a mutual dispute between parties that must be solved.
These disputes may be handled in a courtroom or a boardroom, depending on the circumstances. Some cases will be tried in state or federal court, where others may be tried by private arbitration or administrative hearing. With private arbitration, a legal dispute may be settled outside the judiciary courts, where an arbitrator hands down a legally binding and court-enforceable dispute resolution.
A skilled commercial litigator will be conscious of reaching a favorable resolution at a sensible cost. As is the need for any successful attorney, an effective commercial disputes lawyer must also be a strong negotiator with the ability to work toward a positive outcome even outside the courtroom.
Commercial Litigation Examples
A skilled commercial litigation attorney should be prepared to take on any commercial disputes as they arise. The need for a commercial litigator varies from client to client. Below are some examples of commercial litigation:
- Antitrust Litigation – when a business is accused of practices that are out of compliance with industry regulations.
- Breach of Contract or Duty – when a legally binding contract is entered into and at least one party is thought to not be upholding the agreement.
- Business Tort – occurring when an unfair action is taken against a business that may result in a financial loss.
- Commercial Taxes – appealing commercial property taxes according to related tax laws.
- Class Action Lawsuit – when a group of individuals brings a lawsuit, accusing a business or corporation of harm or wrongdoing.
- Executing Commercial Contracts – the drafting and execution of a legally binding business contract.
- Fraud Action – when a deceptive action is taken, resulting in unlawful gains.
- Intellectual Property – involving matters of patent, trademark, or copyright infringement.
- Partner Dispute – when one or more stakeholders disagree on matters pertaining to running a business.
- Trade Secret Breach – the obtaining of trade secrets by means of theft, bribery, or breach of contract and/or the sharing of such information.
Since the need for a commercial litigator varies widely, they must have a broad, yet deep, understanding of business-related litigation to be prepared for any case.
What Does a Commercial Litigator Do?
An experienced commercial litigation attorney represents the best interests of a business entity in financial disputes. The overall goal of any commercial litigation is to protect the business rights and bottom line by reaching a favorable outcome.
A commercial litigation attorney generally will work with businesses on either side of the dispute, whether bringing legal action against another party or defending against action being brought against them. In either case, they need to provide an in-depth consultation to apprise you of your options. They will ask you questions, searching for detailed answers, in order to give you the best legal advice and to prepare to obtain the best possible results.
A commercial litigator takes on several responsibilities to reach favorable outcomes for their clients:
- Drafting and filing of legal motions.
- Preparing detailed responses to complaints.
- Collaborating with other parties to execute an exchange of information during discovery.
- Creating a sound legal strategy.
- Arguing the case in court or other legally binding proceedings.
- Negotiating a settlement, when appropriate.
If you have a dispute to solve, it is important to consult with a skilled commercial litigator to ensure they have the experience that meets your commercial litigation needs.
Top Commercial Lawyers, Haverford, PA
The Law Offices of Andrew Lapat are committed to your success and proving the results your business needs. We have experience working with small and large businesses in a variety of commercial litigation areas, including drafting contracts, licensing agreements, employment agreements, fraud, copyright disputes, breach of contract, and preparation of other business documentation.
If you need a dedicated commercial litigation attorney in the Haverford area contact The Law Offices of Andrew Lapat today for a case consultation. We offer a personalized approach to every case. We will ensure we understand your business goals upfront to build a strong legal strategy to meet your business needs.
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