How Can A Commercial Litigation Attorney Help Me?

Commercial litigation is an incredibly broad area of legal practice that includes any non-criminal lawsuit. Shareholder disputes, breach of contract disputes, intellectual property disputes, and employment disputes all fall under the umbrella of commercial litigation.

However, across these very different areas of commercial law, one thing remains the same: it is essential to have a skilled, strategic, and reliable commercial litigation attorney representing you in any proceedings you initiate or defend. They will play a crucial role in crafting your litigation strategy and meticulously preparing your case, giving you the best possible chance of success in your proceedings.

What Is Commercial Litigation?

Commercial is essentially the resolution of legal disputes by way of litigious proceedings, whether they be court proceedings or private arbitration proceedings. Some cases are resolved in the pre-litigious stage, through mediation and settlement. Depending on the type of legal proceedings, the complainant is referred to as the plaintiff, petitioner, or claimant, and the party who defends the claim is referred to as the defendant or respondent.

Common Commercial Disputes

Commercial law is a wide category covering property, contract, tort, and intellectual property, among others. Most commercial litigation attorneys will have experience across various areas of law, even if they have become more specialized throughout their careers. Let’s look at some of the most common commercial law disputes so that you can get a sense of when you might need the assistance of a commercial litigation lawyer.

Breach of contract disputes

Many disputes, especially those between businesses, concern a breach of contract. This is when one party to a contract sues the other for failing to discharge their contractual obligations, or otherwise failing to abide by the terms of the contract. Typically, the plaintiff will seek damages (or ‘compensation’) for the loss they have suffered, although in some cases the plaintiff may seek an injunction (a court order that the defendant refrain from certain conduct). These disputes can arise from any kind of contract: sale agreements, supply and distribution agreements, franchise agreements, non-compete agreements, and loan agreements are all common examples.

Property disputes

Property law disputes are very common because lease contracts and real estate sale agreements are integral to most business’s operations. Landlord-tenant disputes, including claims for unpaid rental, eviction claims, claims for damage to property, and claims concerning lease renewals and options to purchase, are particularly common. Replevin proceedings, which are initiated when a party has been wrongfully dispossessed of property, are another kind of property law dispute that lawyers frequently deal with.

Commercial disputes

Shareholder disputes, derivative actions, business torts, commercial fraud cases, breach of fiduciary duty disputes, and wrongful dissociation claims are all kinds of commercial litigation cases that can be broadly categorized as commercial litigation.

Commercial law is highly complex, and commercial litigation cases often have very high stakes for all involved. Whether your business is locked in a dispute with another enterprise, or you are a minority shareholder seeking to enforce your rights after being squeezed out, hiring a seasoned and strategic litigator to represent you in your commercial litigation proceedings is crucial.

The Role Of A Commercial Litigation Attorney

Regardless of the nature of your case, your commercial litigation attorney will play a central role throughout the proceedings. They are responsible for developing a formidable legal strategy, preparing your claim (or defense), carefully reviewing and gathering evidence, presenting convincing legal arguments, and generally advising you on any decisions to be taken throughout the proceedings.