Commercial litigation spans numerous
types of business disputes. It is an umbrella phrase that applies to
all sorts of business related conflicts and issues. A protracted
business dispute has the potential to disrupt your day to day
business operations and have a negative impact on your individual
livelihood. Don't let this happen to your business. With the help of
an experienced attorney, you'll be able to pursue commercial
litigation and hopefully obtain a favorable result. Oftentimes, the
mere threat of litigation is enough to force the other side's hand.
One of the most common business
disputes that commercial litigation covers is the contract dispute.
If one party fails to deliver goods or meet the terms of a written
contractual agreement with another business or an employee, corporate
attorneys are often needed to pursue commercial litigation. Breach of
contracts occur every day in the United States. The remedies that the
non-breaching party can pursue will depend on the amount of money
lost or severity of the injuries suffered as a result of the breach.
Attorneys often pursue commercial litigation on a business's behalf when tortious interference exists.
A business tort is a claim for either negligent or intentional
wrongdoing within a commercial relationship. Such claims are based on
either common law or statutes. The elements of torts usually vary
from state to state and most require that the plaintiff prove the
existence of a contract or an economic relationship.
Other business
disputes that result in commercial litigation include
anti-competitive behavior and unfair business practices covered under
antitrust laws. This type of litigation can be brought by businesses
or consumers. Businesses often pursue commercial litigation when
competitors violate the Racketeer Influenced and Corrupt
Organizations (RICO) Act. While this was originally passed to combat
organized crime, it is broadly applied in today's business world. The
Act states that it is unlawful for a person or organization to
manipulate a business to conceal, engage in or benefit from
racketeering activities.
Commercial litigation covers disputes
that arise under the Uniform Commercial Code (UCC). This governs all
commercial transactions including contracts for the sale of goods.
When disputes arise regarding the passing of these goods from a
seller to a buyer, commercial litigation is often required.
Commercial litigation also covers
breach of fiduciary duties and conflicts of interest in corporate
disputes and challenges to mergers and acquisitions. Other areas of
coverage include non-compete agreement disputes, partnership
disputes, collections lease disputes, distribution and licensing
disputes and business dissolutions.