Commercial disputes results when one or more of these parties is a business entity such as a partnership or a corporation. Corporate and commercial litigation share similarities and differenced as compared to tradition civil litigation matters.
Typically, business litigation deals with complex issues that arise within business and commercial relationships. This type of litigation is aimed toward resolving disagreements and protecting the interests of a business. Companies may find themselves involved in disputes over contracts, funds, management practices, intellectual property, or other issues. It is the responsibility of your attorney to resolve these issues so that no abuse or harm materializes.
Below you will find some of the most common cases we cover in this area of law:
- Breach of contract cases
- Employer/employee disputes
- Intellectual property disputes
- Product liability cases
- Security violations
- Partnership disputes
- Shareholder litigation
- Insurance disputes
- Fraud and deceptive trade cases
- Anti-competitive practice cases
- Breach of fiduciary duty cases
What is Civil Litigation
Civil litigation is a lawsuit between individuals where criminal charges are not involved. Generally, in civil litigation the parties are suing to enforce or defend a legal right, and the Plaintiff (suing party) is seeking to be compensated with either money damages or specific performance (some action).
Differences Between Civil and Commercial Litigation
Commercial litigation may involve two or more business entities. These actions are often complicated, obtaining industry-specific contracts or legally binding agreements which require experienced attorneys to understand the matter. The action may also be actionable in multiple jurisdictions and be filed in federal court.
Similarities Between Civil and Commercial Litigation
Commercial litigation as well as other types of civil litigation typically proceed in the same way. The Plaintiff retains an attorney, both sides conduct factual investigations, there are settlement negotiations, the Plaintiff’s attorney files the lawsuit, both sides conduct discovery, the case is trialed, and post-trial motions are filed.
Commercial Contingencies
A contingency fee is where an organization pays an attorney based on a percentage of the amount recovered for the client at the end of the dispute. This means it will not cost you any money to learn about your legal rights, options to pursue potential claims, and you will not have to pay legal bills as your case is being processed. This fee agreement allows you to see your claim through to the just resolution without the financial pressure of attorney’s fees.
In turn, this increases your confidence in our communications. Without the fear and anxiety of hourly fees conversations are authentic, you will not feel rushed, and you can freely check in on the status of your case. With contingency agreements in place, we encourage our clients to get comfortable, ask questions, and seek advice whenever needed. Additionally, you can trust that our attorneys will do whatever it takes to maximize your opportunity for a successful resolution.
Frequently Asked Questions
What Types of Commercial Litigation Do You Handle?
We handle a vast assortment of commercial matters including:
- Breach of Contract
- Product Liability
- Insurance Disputes
Benefits of Pursuing Commercial Litigation Under Contingency Fees
Under a contingency agreement, our attorneys do what it takes, using a considerable amount of our resources, to get you favorable results. This will allow you to avoid paying any upfront costs or hourly fees so your financial investment into your legal dispute is minimal. This makes it significantly more financially feasible for you to seek representation and legal advice without concerns of financial burdens.
What Is a Complex Business Dispute?
There are two instances in which a business dispute is labeled complex:
- When there are several parties involved the dispute becomes more complex as there are additional factors involved in the case.
- Cases that involve multiple venues, such as. state and federal courts in a number of jurisdictions become quite complex as well.
What is Mediation and Arbitration?
These are both means in which disputes between parties can be settled outside the traditional court setting.
Mediation is a process where parties discuss their disputes with assistance of a trained impartial third party who will assist them in reaching a settlement. This may be in the form of an informal meeting among parties or a schedule settlement conference. If no mutually satisfactory agreement can be met, the parties can then continue with litigation or commence litigation if it has not yet started. Benefits of meditation include affordability, timely resolutions, confidentiality, and participation in the resolution of the dispute.
Arbitration is a confidential alternative dispute resolution method where the parties agree to have their case heard outside of court by an arbitrator. This process consists of both parties meeting with the arbitrator who hears the facts and rules in favor of one side or the other. Before the proceeding the parties must decide whether arbitration will be binding which in turn determines whether the parties can proceed in litigation or file suit if either side fails to abide by the arbitrator’s decision.
Possible Damages and Remedies Available in a Commercial Dispute
- i.e., compensatory damages, consequential and incidental damages, liquidated damages, punitive damages, attorney’s fees, and costs, recissions, reformation, and specific performance.
What Can I Do If I Have a Pending Commercial Dispute?
If you have an arising commercial dispute, please do not hesitate to call us. The attorneys at Domnick Cunningham & Whalen are experienced and knowledgeable in commercial litigation claims and are here to advise you through any legal processes. Call to schedule your free consultation with one of our lawyers today!