What Is Commercial Litigation?

Commercial litigation most often entails disputes that rise from businesses small and large, often being one of the following:

• Breach of contract cases
• Partnership/joint venture disputes
• Class actions, business torts
• Civil RICO claims
• Breach of fiduciary duty allegations
• and shareholder issues

Being able to assess the merits of a dispute and weigh either a prosecution or defense which best suits the legal and business needs of the client is what makes for a successful commercial litigator. Productivity, imagination, and good sense are crucial for wisely positioning these conflicts, whether they are “bet-the-company” cases or more discrete matters. Further more, while all cases need to be litigated leaning towards effectively trying them, experienced commercial litigators recognize that they have to achieve the best possible outcome at a reasonable cost. 

From federal and state courts to administrative hearings and private arbitrations, litigation bit by bit transpires in assorted venues. Proceedings typically include the involvement of either business-to-business or any number of government agencies. Comprehending the catalysts and vision of each of the litigation participants is critical for finding weak points to capitalize on and strong points which can convince the audience in question. Commercial litigators have seen a growing number of inter-disciplinary and multidistrict litigations. This creates higher stakes, increasing complexity of cases, expanding numbers of parties, all while also making analysis more troublesome and ungainly in just the past decade. Firms which are capable of advancing and applying a ingenious legal approach to each separate problem, efficiently center on the main legal valid issues, and understand and properly manage the numerous views of these convoluted matters will be swamped with business in the years to come. 

With the current challenges of the economic climate, commercial litigators are under expanding influence to be more conservative in regards to cost, effectively pushing both sides to test the efficacy of a different fee arrangements as well as the scope of reasonable discovery.While still unknown whether the "death of the billable hour" will eventually be realized, a strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment will always be the key to a commercial litigator's success.

Image sourced from Chambers Associate

Types of Commercial Disputes

• Contract disputes
  • Business Contracts For Services
  • Leases
  • Severance Agreements
• Tortious interference
• Antitrust and trade regulation
• RICO
• Uniform Commercial Code (UCC)
• Corporate disputes