Commercial Litigation

Small business owners face several challenges when running their businesses. You have to navigate all kinds of regulations and face the risk of liability for any problems you encounter. Business disputes are not uncommon, especially for small business owners.

From problems with employees to antitrust claims, you should be prepared for litigation whenever a business dispute can’t be resolved. Business laws are different in every state. Talk to a local commercial litigation lawyer for more information about how to win your business litigation case.

What Is Commercial Litigation?

Commercial litigation is the process of taking legal action involving a business or corporation. Litigation is a way to resolve commercial disputes where two or more parties cannot agree on a resolution. Commercial disputes could come between the business owner and:

• Business clients
• Commercial suppliers
• Retailers
• Property owners
• Employees
• Customers
• Government agencies
• Business partners

What Kinds of Disputes Involve Litigation?

Legal disputes can happen in any kind of commercial business with a variety of legal issues. Some examples of common commercial litigation matters include:

• Breach of contract claims
• Partnership disputes
• Business torts
• Commercial real estate lease agreements
• Product liability claims
• Non-compete agreements
• Intellectual property infringement
• Personal injury claims of customers
• Insurance coverage disputes
• Breach of fiduciary duty
• Shareholder disputes

How Do You Win a Commercial Litigation Dispute?

In a business dispute case in civil court, the burden of proof requires proving the elements of your case by a preponderance of the evidence. This means it is more likely than not that you have proven your case.

For example, in a breach of contract dispute, the elements of the claim include showing:

• There was an enforceable contract
• You performed your obligation
• The defendant failed to perform
• You suffered damages as a result

The plaintiff and defendant each present evidence to the court to support their claim. This could include the contract, documentation, and testimony from the parties or witnesses. In the end, the court or jury decides if you have proven your commercial litigation case.

Planning Can Help Avoid Litigation

The litigation process is almost always more expensive and time-consuming than planning ahead to reduce your liability risk. Business planning can help avoid litigation. Unfortunately, many business owners don’t know what problems might come up until they do. Getting legal advice from a business attorney can identify potential risks and help you prepare to reduce the risk of litigation.

Can I Handle a Commercial Litigation Claim On My Own?

There are some commercial litigation claims you may be able to handle on your own without hiring a lawyer. If your dispute only involves a small amount of money, you can take your case to small claims court. Depending on your state, small claims court is usually limited to disputes up to a certain value of money. Most states have helpful information on small claims court websites to explain the process.

In some states, you can’t have a lawyer with you for a small claims court case. Other states allow it. If the other side has a lawyer, you should consider hiring your own representation.

For minor disputes or misunderstandings that can be smoothed over with a phone call, suing may not be the best option. However, you can still get legal advice from a commercial litigation attorney about alternative dispute resolution options that don’t involve litigation, including mediation or arbitration. This is a way to resolve legal matters but still maintain important business relationships.

When Should I Hire a Lawyer for a Business Dispute?

Sometimes, you have to turn to an experienced business litigation attorney to resolve your dispute. Where there is a lot of money at stake or an important contract, it can put your entire business at risk. When you hire a business litigation lawyer, they can take action to protect your small business.

Business owners have an interest in taking fast action to resolve a business dispute. If your business is facing a financial loss because of a broken contract or other dispute, a fast resolution can reduce the extent of financial damage.

A business litigation attorney can negotiate with the other party to come to an agreement and avoid going to court, if possible. However, if you can’t reach a fair agreement, your attorney can file a lawsuit to enforce the agreement or recover damages. Business law disputes can be complex and your commercial litigation lawyer can explain your legal options so you can get the best results after a commercial dispute.