Commercial litigation cases involve any dispute that can arise in a business setting. This could mean breach of contract cases, partnership venture disputes, class actions, business torts, and shareholder issues.
Commercial Litigation includes everything from breach of contract actions to commercial torts. A commercial tort can be defined as anything from interference with a business relationship to unfair competition. Commercial torts can involve injury or disparagement to the reputation of a company, fraud, or breach of contract that affects business owners and shareholders.
The three most common types of commercial litigation cases:
- Breach of contract
- In a contract, two parties agree to certain obligations in exchange for something else. If either party violates their responsibility, then that is considered a breach of contract.
- Tortious interference
- Anyone in a contract can sue the third party if that third party knowingly interfered with an agreement to cause a breach, and that violation caused some damage.
- Corporate disputes
- Corporate disputes involve different cases such as: acquisitions, mergers, and business divorce.
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What Is Commercial Litigation?
Commercial litigation most often entails disputes that arise 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. Furthermore, 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 arbitration, 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 that can convince the audience in question. Commercial litigators have seen a growing number of inter-disciplinary and multi district 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 that are capable of advancing and applying an 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 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, strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment will always be the key to a commercial litigator’s success.