What exactly is litigation? It can be a confusing word, but it simply means to take legal action. While many lawsuits involve just two individuals, commercial litigation involves legal action between two businesses or companies. In fact, and contrary to popular opinion, business disputes make up the majority of civil court filings, excepting domestic relations. These lawsuits usually involve businesses suing to enforce contractual obligations.
The Nuances of Commercial Litigation
Commercial litigation follows the same process as other civil litigation, but there are a few notable differences.. The issues surrounding business disputes are often far more complex due to their specialized nature. And because the discovery process is equally as intricate it often makes commercial litigation more expensive and ties it up in court for years.
Types of Commercial Litigation
Commercial litigation can take on many different forms, but these are a few of the most common:
- Breach of Contract – A contract case comes forward when one or both parties claim that a contract was broken. This happens when a party fails to perform any or all aspects of the contract without a legal excuse.
- Partnership & Shareholder Disputes – These types of litigation arise specifically when partners, shareholders, or minority owners in a business take legal action when the other party neglects their interests or breaches the contract.
- Employer/Employee Disputes – Issues dealing with overtime, workplace discrimination, or non-compete agreements can lead to legal battles between employers and employees.
- Construction Disputes – Construction law deals with anything involving the construction of a building or other structure. A dispute could concern issues ranging from employment laws established by the state or federal government to environmental regulations.
When Should You Get a Lawyer?
Especially in times like these, where many businesses are dealing with employment issues, potentially requiring workplace vaccination, and other health concerns, it’s important to stay ahead of the game. While it might feel more necessary to hire an attorney as a reactive measure to a commercial lawsuit, hiring a lawyer to help you before an issue has arisen is the best course of action. Business disputes can quickly erupt, so it’s best to have a trusted legal advisor on your side to help you map out a plan of action. They can help you meet both your business and legal goals.
If you’re involved in a commercial lawsuit and need legal assistance, give us a call!