Tuesday 17 March 2015

What is the spectrum of business disputes that commercial litigation covers?


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.

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