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What is Commercial Litigation?

Commercial litigation is an area of law that governs and resolves the various types of disputes that can arise between companies or businesses.

Typically, in commercial litigation, both parties have claims and defenses in dispute as opposed to general civil litigation, where there is a clear plaintiff and defendant. Another important characteristic of commercial litigation is that it can play out in many venues, including state or federal court, alternative dispute resolution settings, or administrative hearings.

There are many types of commercial litigation. Examples include, but are not limited to:

Antitrust Litigation
Breach of Contract
Breach of Fiduciary Duty
Business Torts
Class Actions
Corporate and Partnership Disputes
-Debtor/Creditor
-Employment/Labor
-Fraud and Misrepresentation
-Insurance Coverage
-Intellectual Property Litigation
-Privacy, Cybersecurity and Data Breach

-Product Liability
-Real Estate, Construction, Land Use Litigation
-Shareholder Disputes
-Tax Disputes
-Tortious Interference
-Trade Secret and Unfair Competition

Another distinctive trait of commercial litigation is its complexity. It can often drag on for years and often requires constant phone calls, discovery, and hearings. Given this complexity, sound judgment and strategic decision-making ability are vital, so it’s important to retain an attorney who has experience in your industry and understands your business.

How Does the Commercial Litigation Process Work?

Commercial litigation progresses in largely the same way that other civil litigation matters do, but perhaps in more detail and for a longer period of time. Generally, at the onset of a dispute, both parties will retain counsel, or work with in-house counsel, to complete a factual investigation, research applicable law and defenses, establish their position and prepare their final complaints, responses, and motions.

As the case moves forward your commercial litigation attorney will help walk your business through discovery, settlement negotiations, and alternative dispute resolution options. This part of the process usually involves a lot of moving parts and tends to be the most contentious. Also, it’s important to keep in mind that many times commercial litigation may not resolve in a black and while, win or lose matter. It is not uncommon for one party to prevail on one aspect of the case, while the other party is successful elsewhere.

Cost of Commercial Litigation

Since Commercial Litigation often takes longer, the cost to resolve your case can be more expensive, especially when you factor in discovery, experts’ fees, and more. Retaining an experienced attorney while possibly more costly up front, can prevent expensive mistakes and delays throughout the process.

The Role of Alternative Dispute Resolution in Commercial Litigation

Alternative dispute resolution methods, like mediation and arbitration, are commonly used in commercial litigation cases. In fact, many commercial contracts specifically have alternative dispute resolution clauses stipulated within.

ADR is a popular choice in commercial litigation because it is less expensive than traditional commercial litigation. It can also offer more control resolution for both parties and greater privacy to shield a company from public scrutiny and ensure their reputation stays intact. However, it’s important to note that arbitration can also be complex as it can require extensive discovery.

How We Can Help?

When faced with a dispute or the threat of a lawsuit, enlisting a commercial litigator to spearhead the gathering of evidence, retain appropriate experts, and defend you in court is the key to a successful outcome. For help navigating your commercial disputes, contact Capital Partners Law.

What Should You Do Next?

If you are interested in learning more or speaking with an attorney at Capital Partners Law, there are plenty of ways to get in touch:

This article is for informational purposes only. It does not create an attorney-client relationship with any reader nor should it be construed as legal advice. If you need legal advice, please contact our firm.