Commercial litigation generally involves two or more businesses in a dispute over money or other property. Classic examples include suits for
- Fraud and Deceptive Trade Practices: Misrepresentations and fraud in business transactions.
- Abuses of Trust: Breaches of fiduciary duties by persons in positions of trust, including corporate officers and directors, agents, trustees, partners, or majority shareholders.
- Employer/Employee Disputes: Overtime, disabilities, health and pension benefits, and discrimination (age, race, and gender).
- Collection of Debt: Promissory notes, guaranty agreements, and mortgages/deeds of trust.
- Breach of Contract: Mergers and acquisitions, purchases and sales of securities, transactions in real estate and other business assets, and agreements to provide goods or services.
- Tortuous Interference with Contract: A third party’s hindering or preventing performance of an agreement.
- Agreements Limiting Competition: Non-competition, non-solicitation, and non-disclosure agreements by former business owners and employees. These suits often include requests for emergency relief such as a restraining order or pre-trial injunction.
One of our prime goals when negotiating commercial litigation clients is to try to resolve disputes without heading to court. If such a compromise is not reachable, we are fully prepared to represent our clients at trial.
Certain business contracts include an arbitration clause, which means that if the dispute or contractual disagreement cannot be resolved, the business owner can have the case heard in arbitration. By having the matter in arbitration, the parties forego a court hearing, which could take further time and cost money. Similar to a judge, an arbitrator listens to both parties’ sides and then issues a ruling.
Unable to resolve the dispute through negotiations or discussions between the parties, one party may find that litigation is the only way to end the matter. Unfortunately, litigation has become a cost of doing business in today’s environment.
Improperly handled litigation can lead to additional, unnecessary expense for you and your business. If you lose, you may be subject to a large damages award. In addition, even if you are successful, the amount of money and time you spent fighting may exceed the amount of damages you are ultimately able to collect. Lastly, protracted litigation can have a negative impact on the operations of your business.
Any litigation matter can have a serious impact on your business. It is vital that you have capable legal counsel at your side, so that you know your interests will be protected.