Because today’s business landscape is so competitive, commercial litigation is a necessary part of it. If you need to defend a claim or believe that another party may have breached an agreement, you must have an attorney who specializes in these cases. This person can also be helpful if you think another party has engaged in fraud or committed acts of unfair competition. Regardless of which industry you’re working in, disputes can come up at any time. If they can’t be settled informally, it’s a common practice to hire a litigation attorney to resolve these issues.
Business litigation involves any court proceeding where a business transaction or relationship is the issue. It can involve business entities or individuals, and its definition refers to the subject matter of the dispute. If a business dispute goes into litigation, the legal issues it raises can be complicated. A significant amount of assets and resources may be at stake because of a pending lawsuit, which is why it’s always a good idea to seek legal representation.
Types of Business Litigation
Business litigation can involve a number of legal issues. Some of them include the following:
- Breach of contract.
- Employment.
- Real estate disputes.
- Class actions.
- Intellectual property disputes.
- Shareholder oppression.
- Zoning and land use disputes.
- Conversion.
- Fraud.
- Automotive industry issues.
- Insurance coverage disputes.
- Breach of fiduciary duty.
- Commercial debt collection.
- Product liability.
- Tortious interference with contracts or business relationships.
- Partnership disputes.
Any legal issue about your business can fall within the scope of commercial litigation. Speaking with a qualified attorney is the best way to understand them and how they can affect your company.
How Business Litigation Cases Get Started
Business litigation cases can come up for a number of reasons. Sometimes, it’s not a matter of “if” but “when.” That’s why you need to be prepared. Disputes can come up between many different parties. Some of them include the following:
- Parties to business contracts.
- Parties to business transactions.
- Employees and employers.
- Businesses and their insurance companies.
- Companies and trademark or patent infringers.
- Parties to real estate transactions.
- Companies and allegedly injured parties.
- Shareholders and the board of directors.
- Partners and LLC owners.
- Companies and clients.
Parties can often work together to fulfill a contract or finalize a transaction. In most cases, there aren’t any issues. There are times when things go wrong. One party may believe they deserve some kind of legal relief. If you don’t address these disputes right away, it can go into litigation more quickly than you may think.
How a Commercial Litigation Lawyer Can Resolve Disputes
If your business is facing a legal dispute, there are some systematic steps you can take to help you rectify the situation before it goes into litigation. This is where a commercial litigation lawyer can be helpful. Some of the steps this person can take may include the following:
- Negotiation — If you’re in the middle of a business dispute, the first step would be to negotiate with the other party. In many cases, having an attorney involved in the discussion can help you resolve the issue more quickly.
- Mediation and Arbitration — If you’re not able to work together to come up with a solution, a commercial litigation lawyer can look at any applicable contracts to see if there are any provisions related to dispute resolution. Many contracts require disputes to be resolved through mediation or arbitration.
Be sure to speak to a qualified attorney for more information.
When Business Litigation is Necessary
If your contract doesn’t require you to use alternative ways to resolve disputes and it can’t be done outside of court, it will most likely go into litigation. It’s often considered to be a last resort because of the time and expense involved, but there are times when it’s the only option (especially if an agreement can’t be reached).
The business litigation process can be complicated, because many different laws and regulations come into play. A good commercial litigation lawyer will have a solid understanding of how these rules apply to your specific situation. If you’re looking for legal relief, a qualified attorney can prepare and file a persuasive petition to the right court. And if another party has filed a petition against you, this person will be able to respond to it. He or she can also come up with a strong defense against their claims.
If you’re looking for one of the best commercial litigation firms in Corpus Christi, be sure to get in touch with Gale Law Group.