When individuals or legal entities with opposing interests become embroiled in a dispute, litigation can often be the only solution. The commercial litigation encompasses various civil disputes including financial and investment conflicts, intellectual property conflicts, breaches of fiduciary duty claims and insurance disputes.
Commercial litigation attorneys specialize in litigating cases related to businesses or issues associated with them, so this guide aims to explore winning strategies in such matters.
What is Commercial Litigation?
Commercial litigation refers to any lawsuit related to business issues and conflicts arising between companies, investors, shareholders, employees or customers that must be decided in court.
Commercial litigation typically follows similar steps as other civil litigation matters, including hiring an attorney and conducting factual investigations and research to ascertain applicable laws before sending demand letters. Parties may also engage in settlement negotiations and/or mediation.
Complex commercial litigation disputes often involve large sums of money, intellectual property misuse, corporate fraud and white collar crime – so individuals and businesses seeking defense in such cases require experienced trial lawyers who possess in-depth knowledge of applicable laws. Not only does this treatise cover all the essentials of commercial litigation but it also offers valuable insight into alternative dispute resolution methods like mediation and arbitration as well as strategies for discovery management, motion practice preparation and trial preparation – an indispensable resource in any trial lawyer’s library!
What Causes of Action Are Common in Commercial Litigation?
There can be many reasons for a business to be the subject of a lawsuit, ranging from low-quality product delivery or breaches in contract, to accusations of unpaid debts. No matter the cause of action is established in order to bring such legal actions.
Legally speaking, a cause of action refers to any collection of facts which gives rise to a legal right of suit, such as breaches of contract or tort claims and consumer class actions. For this type of litigation to arise it must first be proven that there was an obligation and breach thereof that resulted in damage; standing must then be proven that indicates sufficient interest in the matter being litigated – making legal representation an essential component for any business.
What Defenses Can Be Used in Commercial Litigation?
Commercial litigation, like civil law litigation, tends to focus on disputes between business entities rather than between people. As such, this form of dispute resolution can often be more complex and challenging.
These types of lawsuits often revolve around contracts or intellectual property matters, making experienced New York commercial litigation lawyers essential to successfully represent your business in such matters.
Commercial litigation offers many defenses for parties involved. One is fraudulence inducement, where you must prove that a plaintiff misrepresented or made false statements to convince you to sign a contract. Another popular argument is mutual mistake in contract formation where both parties misunderstood something critical that led to the agreement being formed.
You may use the commercial impracticability defense if you can demonstrate that performance of a contract would be unreasonably burdensome or expensive, or you can try claiming that breach caused injury and you can pursue damages claims from them.
What are the Winning Strategies in Commercial Litigation?
As with any type of litigation, winning commercial litigation cases requires clear writing, an engaging narrative, and meticulous preparation from both legal teams involved. Their ability to elicit positive testimony during depositions also plays an integral part.
Organization is key when it comes to keeping litigation proceedings straightforward and efficient. Documentation serves as evidence, so keeping everything neatly filed away and organized is essential for ease. Email correspondence also needs to be readily available if used as evidence against someone.
Our New York commercial/business litigation attorneys are highly-skilled at handling the many complex issues that may arise in business disputes. We have experience handling intellectual property, privacy, class action antitrust employment contract disputes. Furthermore, they specialize in analysis and negotiation as well as devising strategic approaches when cases seem bound for full-blown litigation; alternative dispute resolution techniques (like settlement negotiations and arbitrations ) are also used when appropriate.