Planning to establish your business or shaping your business to reach maturity levels, you must have a general understanding of commercial litigation to remain competitive and safe in the business environment. Business owners could not be graduated in the business and law fields. However, all business owners are required to understand the importance of legislation and commercial litigation for the successful execution of business operations and wise strategic decisions. If you lack the right resources, you can be engaged in daunting commercial litigation which is not good for the market image of your business. An extensive and attorney acquiring commercial litigation practice area is an essential demand of present times when businesses owners are supposed to deal with the non-criminal charging conflicts with individuals, opposite parties, competitors, and other stakeholders.
What is commercial litigation? How it relates to the business owner? You must be finding answers to these questions. Read out the article thoroughly and let us answer all your questions in a single blog post.
Commercial litigation is similar to civil litigation, but it concerns the business environment. In the business setting, sometimes disputes between two parties encourage a party to claim the legal rights or sue the opposite party. Such cases are tackled as non-criminal legal disputes between two or more two business parties. The term commercial litigation is specifically linked with the business entities such as corporates and partnership businesses. typically, proceeding the commercial litigation and civil litigation has the same process. An attorney is retained by the plaintiff regarding the compensation of money damages or other legal rights. The case is heard by listening to the factual investigation of both parties involved in the commercial dispute. Later, the attorney also presents applicable laws and engage both parties (or all parties if more than two parties are involved in the commercial dispute) to settle down the matter and ensure dispute resolution with negotiation. The attorney files the lawsuit. Later the decision is made by the jury depending upon the factual investigation and negotiation between the disputed parties.
What Do Commercial Litigators Do?
Commercial litigation seems a simple process although it required an understanding of relevant business laws and practices to make your position strong in the case. A commercial litigator is supportive in this process as he brings field-specific knowledge and experience which is beneficial to win a commercial disputed case against the opposite party. Implying various responsibilities commercial litigators act as business lawyers. In simple words, commercial litigators provide legal assistance to a specific class action litigation or a global litigation case.
What is an example of commercial litigation?
Corporates and partnership businesses went through several types of commercial litigations. Some examples of very frequent and common commercial litigation cases are enclosed in the following list:
- Breach of Duty Cases
- Breach of fiduciary duty
- Aviation Disputes
- Employment Cases
- Bad Faith cases
- Insurance Coverage Cases
- Labour Cases
- Cases of Intellectual property and patent infringement for trade secrets
- Debtor and Creditor Actions
- Class Action Lawsuits
- Antitrust Cases
What is the difference between commercial and business litigation?
Business litigation and other litigation (e.g., civil litigation) are entirely different from commercial litigation. Although some similarities in the procedure exist between commercial litigation and other business litigation, we cannot perceive them the same. Commercial litigation involves the reputation and strategic decisions of a large corporate or a business entity in the litigation therefore it is engaging many times more complex matters and specific complex issues as compared to traditional business litigation. Sometimes, commercial litigation cases are filed by the federal courts (e.g., by the federal board of revenue regarding employer taxes). Such cases are not discussed in the state courts. Similarly, multi-district lawsuits and class action lawsuits also create a difference from other traditional business and civil litigations.
Conclusively, commercial litigation cannot be misinterpreted as a branch or a component of traditional civil litigation. Both litigations have some similarities, but prominent differences make both litigations different. Commercial litigation requires the services of commercial litigators to assist the legal process and defend the interests of a corporate or partnership business.