Commercial Litigation FAQ

(The reader should not consider this information as specific. Anyone viewing this website should obtain specific advise pertaining to his/her particular situation and all cases.)

• What is Commercial Litigation?
• Why Hire a Commercial Litigation Lawyer?
• What is Involved When Litigating a Commercial Litigation / Business Issue?
• What is the Difference Between Mediation and Arbitration?
• What Constitutes a Contract?
• What is a Breach of Contract?
• What are Some Examples of Employment Disputes?
• What is a Non-Compete Clause?

Commercial litigation involves legal disputes between businesses and/or individual people in matters pertaining to areas such as:

• Alternative Dispute Resolution methods, such as Arbitration and Mediation
• Breach of Fiduciary Duty
• Business Torts
• Buy/Sell Agreements
• Contract and Anti-Trust Litigation
• Dealer Termination
• Debtor/Creditor Disputes
• Dissolution of Business
• Employment Disputes
• Fraud
• Indemnification and Breach of Contract
• Limited Liability Company (LLC) Member Disputes
• Merger and Acquisition Litigation (including bank and bank holding company acquisitions)
• Partnership Disputes
• Secure Transactions
• Securities Litigation
• Shareholder Disputes and Derivative Actions
• Trade Secrets
• Unfair Competition

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Commercial litigation is very specialized and often complex. Commercial litigation can also cover a wide variety of civil and criminal law matters on both state and federal levels. An experienced attorney can advise you of your legal rights and obligations to help save you money and legal hassles down the road. A qualified attorney can also help by giving you timely advice that can save you from costly litigation.

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While each commercial litigation issue varies, in general, commercial litigation follows all the steps involved in a civil lawsuit-getting an attorney, filing motions, engaging in settlement negotiations, trial, and possibly appeal.

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A mediation is a cooperative process and uses a neutral third party (a mediator) to facilitate consensus building and discussion in the hopes of coming to an agreeable resolution. Arbitration involves a neutral third party (an arbitrator) and is less formal than a trial. The two parties present their sides and the arbitrator decides who wins or loses.

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A contract is defined as a promise enforceable by law. The promise must be exchanged for adequate consideration – a benefit or detriment that reasonably and fairly induces a party to make the promise.

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A breach of contract is a failure to fulfill the duties under the contract terms. A contract can be breached in the following ways: one party does not perform as promised; one party does something that makes it impossible for the other party to perform the duties under the contract; or one party makes it clear that they do not intend to perform the contract duties.

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Employment disputes can include but are not limited to hiring decisions, non-complete provisions, separation agreements, employee grievances, overtime pay, harassment and discrimination complaints, disciplinary actions, reorganization and downsizing, severance packages, FMLA rights, Leaves of Absense, ERISA Claims, etc.

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A non-compete clause is a way for a company or business to protect whatever assets (trade secrets, intellectual property) are transferred during ones employment. Most non-compete agreements limit what employees can do once they leave, whom they can do it for and where they can do it for a defined period of time.

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For more information on commercial or business litigation, contact us. We welcome your inquiries.