How Commercial Litigation Lawyers Can Help Your Business

Commercial litigation lawyers generally provide legal representation to clients who are involved in a business dispute. These disputes can be between different companies, or between companies and individuals.

Over the course of every business’ life-cycle there comes a time when they will get in a disagreement with individuals and other companies which must be resolved by the courts or by an arbitrator. Minor disputes can perhaps slightly disrupt business efficiency and can be talked through and settled out of court. However, major conflicts like financial matters, product warranty issues, and contract problems that may cause consequential damage to a company's reputation and bottom line need more complex legal analysis and transactions and require the expertise of a business litigation lawyer to solve the situation in a timely and cost-effective manner.

Commercial litigation attorneys can handle different types of cases pertaining to commercial law including:

• Breach of contract claims
• Banking transactions and fraud
• Restraint of trade claims
• Intellectual property cases
• Mergers and acquisitions
• Company and shareholder disputes
• Directors disputes
• Corporate management and restructuring problems
• Insurance claims and disputes
• Professional negligence claims
• Product liability matters
• Unconscionable conduct cases
• Unjust enrichments cases
• Civil cases for regulatory violations
• Misleading and deceptive conduct cases
• Disciplinary hearings before boards and tribunals
• Lease disputes
• Strata title disputes
• Collections lawsuits
• Securities law violations
• Employment disputes
• Injury claims
• Trade secret disputes
• Representations and warranties
When your business is facing litigation a commercial litigation lawyer can help you with the following services:

• Provide representation to your company and make sound legal arguments in a dispute to assert your rights and make a claim for damages
• Provide counsel regarding potential claims against you
• Attempt to resolve the dispute outside of court through alternative dispute resolution such as negotiation, mediation and arbitration
• Help manage risk and avoid litigation in transactions and negotiations
• Provide guidance on which court to file your case in and whether it needs to be advanced to the specialist tribunals, local court, district court, supreme court, the federal court and the high court
• Enforce a judgement and cost order
• draft and serve a statutory demand
• Handle insolvency matters such as personal bankruptcy, corporate liquidation and actions against directors
• Provide effective legal counsel in internal business disputes involving shareholders, directors, officers or even among owners and partners
• Draft the necessary legal documents should the dispute progress to formal proceedings
• Provide guidance relating to what your obligations are for responding when a case is filed against you
• Handle the discovery process, conduct investigations, and interview witnesses to strengthen your case
• File necessary civil or criminal lawsuit against offending parties

Going to court can be very stressful and difficult for any business. If matters get complicated, it can drag on and become time-consuming and very expensive. It’s not something you want your business to go through and it’s definitely not something you as a busy business owner want to deal with on your own. You need the guidance, support, and counsel of qualified commercial litigation lawyers to make the process easier for you. They have the expert skill and knowledge to handle all types of disputes on your behalf, and will work to resolve them in your favor either through negotiating a settlement to keep the dispute out of court or by making compelling legal arguments to ensure that you obtain a  positive verdict at trial.

What Do Commercial Litigation Lawyers Do?

Commercial litigation lawyers specialize in providing legal representation to clients who are involved in disputes relating to commercial or business law, whether it be in the country or in a foreign jurisdiction. These professionals work primarily to resolve disputes in favor of the business client and look out first for the best interests of the company.

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.