Commercial litigation refers to legal action relating to a business. This could include the resolution of contract disputes, partnership and corporate disputes, shareholder disputes, class actions, and various other accusations related to a business.
Commercial Litigation Attorneys
Litigation involving banks, commerce, antitrust laws, Cybercrime, franchise law, and corporate law are all part of the umbrella known as commercial litigation.
Examples
There are a variety of kinds of commercial litigation, which are listed below. While this list is not exhaustive, it covers many of the types of commercial litigation.
Here are the examples…
- Construction Cases
- Mechanics Liens
- Actions of the Debtor or Creditor
- Derivative Actions
- Employment Cases
- Fraud and Abuse
- Insurance Coverage Cases
Commercial Litigator Laws
Commercial law precedents are typically set to establish guidelines for conduct that safeguard businesses, consumers, and contractual parties to various types of contracts. In addition, many state and federal statutes and laws govern commercial entities. They have been enacted to punish fraud, misrepresentation, or other kinds of misconduct in business activities and transactions, to provide a fair and level playing field, and to provide certainty to business transactions.
On the national level, several lengthy laws, precedents, and statutes set out the operating procedures for commercial and government entities within the United States. For example, the Section 2 of the Uniform Commercial Code (“UCC”) has been adopted by every state (with very minor variations) to govern sales transactions, while the United Nations Conventions on Contracts for the International Sale of Goods (“CISG”) tends to govern contracts with international entities.
What is Commercial Litigation Like in Illinois?
Commercial disputes don’t always result in court. Generally, it is common to have some pre-suit discussion with the other parties. There are some formal settlements, which can be achieved through negotiations. During this period, all participants in the case must conduct their investigations to collect the necessary evidence for their claim or to defend themselves.
If a lawsuit for commercial purposes has been filed, the matter goes through the formal litigation process. It is crucial to note that only a tiny percentage of commercial disputes proceed to trial – typically as the case proceeds the merits of the case become clear and the matter is resolved by settlement.
If the dispute is not resolved, the case is now on the road to trial. The problem could be conducted before either a judge or jury. If your company is involved in litigation with a commercial client, it is essential to be ready to make the most convincing case in the trial.
Common Questions for Litigation
There are a variety of issues that can arise in any dispute, ranging from topics about discovery to claims of personal liability that arise from corporate actions.
Let’s explore:
- Discovery Disputes
In complex litigation, issues relating to discovery can significantly impact the length of time and expense of the litigation. They also can (and often do) decide the success or failure of a case.
- Publicity
The public exposure of accusations or claims – even those later proved false – can cause devastating consequences in today’s world. Disclosure of information by third parties through discovery can have catastrophic implications as well.
- Illegal and fraudulent acts
One of the ways that individual directors, owners, and board members could be held responsible for corporate actions is through involvement in fraud or other unlawful conduct.
- Piercing the Corporate Veil
Another method by which plaintiffs might gain influence over executives and business owners is to seek to establish personal responsibility by “piercing the corporate veil,” which is a complicated topic beyond the scope of this page.
- Members, Partners, and Shareholder Disputes
Often lawsuits between different stakeholders in a company can arise when the company struggles financially, when a plaintiff seeks to prove personal liability for the company’s owners, or in similar difficult circumstances. In that case, disputes between members, partners, and shareholders can arise and lead to commercial litigation.
- Indemnification
In business disputes, there are often issues of indemnification. Suppose a third party is accountable for the loss suffered by a plaintiff. In that case, the defendant could have an indemnification case against the third party, or the defendant’s contract with the third party could state that the insurer (a third party) is responsible for directly defending the plaintiff’s claim.
Frequently Ask Questions
Is Commercial Litigation Difficult?
Commercial Litigation is one of the most challenging areas of practice in the legal field. Litigators must master numerous aspects of the legal field as well as presentation skills. Finding a competent commercial litigator is very difficult.
What’s The Distinction Between Commercial and Civil Litigation?
The term “civil litigation” refers to a dispute between individuals and parties. This does not result in any criminal proceedings. It relates to a legal matter involving a commercial dispute that involves two or more businesses.
Is A Litigator A Lawyer?
Litigators are Lawyers and specialize in resolving disputes between individuals or corporations. They are also responsible for representing defendants or plaintiffs before, during and after court hearings.
Why Can Make Litigation Expensive?
It takes a lot of time to create legal documentation, such as pleadings, briefs, etc. It also takes a long time to plan hearings, conferences for settlement, and make phone calls – you’ll get the picture. If you decide to go to court, or are dragged there as a defendant, it’s a major undertaking, and often costs tens or even hundreds of thousands of dollars.
Conclusion
There isn’t a single way to resolve a commercial dispute. However, they’re part of business. If you are faced with a dispute over a commercial matter, particularly in the beginning phases, It is vital that you consult a commercial litigation attorney who can assist in settling the matter before it becomes more complicated or expensive, and who can resolve the matter in court if needed.
Reach out to our The Law Offices of Konrad Sherinian, LLC, at 630-318-2606 for a consultation with an experienced commercial litigation attorney about the best way to help with your business dispute. We’re committed to obtaining the most effective results for our clients. If you have any questions or concerns regarding commercial lawsuits, our team will assist you in understanding your rights and choices.