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.
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