They have special knowledge on federal laws and how to make these laws work to protect the rights of businesses and to impose obligations on businesses.
Commercial litigation deals exclusively with handling disputes arising between businesses. The issues involve business matters, not personal issues, such as a personal injury or family law matters.
Some types of commercial litigation include:
- Insurance litigation
- Employment discrimination
- Contractual litigation
- Construction disputes and defects
- Real estate disputes
- Malpractice claims
- Corporate governance claims
- Sexual harassment claims
- Business torts and crimes
- Franchise issues
- Shareholder issues
- Partnership disputes
- Business dissolutions
- Debt collection
Commercial litigators often resolve disputes on behalf of business and professional clients using cost-effective and expedient strategies, such as litigation, arbitration, the negotiation of an out-of-court settlement, or other suitable methods for specific circumstances. Their involvement goes as far as helping business clients decide whether it is necessary to pursue a legal matter in court and making recommendations on the best and the quickest resolution to meet their legal needs.
In many cases, commercial litigation lawyers prefer to handle disputes through negotiation and settlement, and try to to resolve issues before either party has to go to court. This out of court negotiation may involve a cash settlement, or it might involve the lawsuit just being dropped by one party if there is not enough argument to help establish and prove a case. There are many cases too that compel business litigation attorneys to go through the process of filing, pursuing, and defending against lawsuits in the state or federal court in order to obtain a positive verdict at trial for their business clients.
Every company goes through upsets and challenges in the typical business lifecycle. Some challenges may be minor, while others may turn into major disputes that can adversely affect a company's ability to do business and may cause fatal damage to the bottom line. Critical situations, such as those relating to financing, warranty, and contract issues require the need to bring in the targeted skills and knowledge of commercial litigation experts.
An experienced attorney can provide timely legal counsel on a wide variety of business dealings, such as a new contract, a compliance matter, an executive hire, a merger or acquisition, a patent dispute, or other routine and pressing matters. They can also take care of paperwork, contracts, and financial forms that the company needs to deal with. For business startups, an experienced business attorney can be very helpful in making critical decisions to ensure that all important details are done properly from the start so as to to avoid problems down the road.
Should your company become embroiled in a commercial dispute that must be resolved by the courts or by an arbitrator, it is critical to seek legal advice from commercial litigation lawyers at the earliest possible time. Prompt action lessens the risk of the dispute dragging out and escalating to the higher court and will likely result in a more satisfactory and positive outcome for all parties involved.
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