Commercial Litigation

Commercial Litigation


​Commercial Litigation Attorneys

General commercial litigation encompasses virtually every type of business dispute, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, allegations of breach of fiduciary duty, and shareholder issues.

Successful commercial litigators must be able to evaluate the merits of a dispute and scale either a prosecution or defense that meets the client’s legal and business needs. Efficiency, creativity, and sound judgment are required to intelligently position these disputes, whether they are “bet-the-company” cases or more discrete matters. Furthermore, while all cases must be litigated with the goal of eventually trying them, seasoned commercial litigators understand that they must always strive to achieve the best possible result at the lowest possible cost.

Litigation is increasingly taking place in a variety of settings, ranging from state and federal courts to private arbitrations and administrative hearings. Business-to-business disputes or any number of government agencies may be involved in the proceedings.

Understanding the motivations and outlook of each litigation participant is critical for determining weak points to exploit and strong points to persuade the target audience. Commercial litigators have seen a dramatic increase in multidistrict and inter-disciplinary litigation over the last decade, raising the stakes, making cases more complex, parties more numerous, and discovery more complicated and unwieldy.

We can develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master as well as manage the various aspects of these complex matters.

We understand that commercial litigators in general are under increasing client pressure to keep costs under control in the current challenging economic climate.  We are open to discussing alternative fee arrangements and the scope of reasonable discovery.

We believe that the keys to a commercial litigator’s success will remain strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment.

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What is a Commercial Litigation Attorney’s Role?

Taking legal action is a way of expressing your dissatisfaction with something. Commercial litigation is one of the various areas of law that can be explored. This is your chance to learn more about the work of a business litigation attorney. Learn more about business litigation and when you might want the services of an expert in this field.

What Is Commercial Litigation and How Is It Conducted?

Commercial litigation covers any business disagreement. When two or more parties attempt to resolve a dispute about commercial transactions through the legal system, it falls under the umbrella of Commercial litigation

What is a Commercial Litigation Attorney’s Role?

A commercial litigation lawyer is a legal professional representing a company’s interests in a legal dispute. The attorney’s purpose is to protect their client company’s interests and obtain the best possible outcome at the conclusion of the legal process.

The first thing a commercial lawyer will do when you contact them is to examine listen to the details of your case and draw very preliminary opinions as to the merits of the case. If your attorney believes that the merits of the case don’t justify the litigation, it pays to listen. One of the goals of your litigation attorney is to not only represent your company but to do so economically.

You’ll have to respond to all of their questions and give relevant information to assist in deciding next steps in the case. You can be seeking legal representation as a plaintiff in a case, or as the person bringing suit against a company, called a claimant. The primary role of a business lawyer is to choose the best legal strategy for reducing your company’s financial risks. After establishing the viability of your claim, your commercial litigation attorney can advise you on whether a court case or an out-of-court settlement is preferable. In any event, a lawyer’s job description includes a wide range of responsibilities because they can handle all legal matters on your behalf, from discovery (gathering the needed documents and evidence to go to court) to filing, and representation. Often, in a lawsuit, the party that wins the suit receives a judgment, which is a promise to pay, secured by assets. In that case, it can be highly effective if your litigation attorney is also a creditors’ rights attorney, well versed in the machinations of turning a judgment into actual dollars. During the course of a case, commercial litigation lawyers are tasked with the following responsibilities:

• Conducting an initial case assessment
• Preparing the necessary documentation for the court lawsuit
• Drafting the necessary motions or pleadings
• Formulating responses to the other party’s complaint
• Exchanging information with the other party during the discovery process
• Choosing the best strategy to use in court based on the evidence
• Presenting the case in court
• Negotiating a settlement

When Do I Need to Hire a Commercial Litigation Lawyer?

Here are some of the most common commercial issues that require legal assistance:

• Breach of contract
• Business disputes
• Fraud charges
• Intellectual property concerns
• Collection of debts
• Conflicts between partners or shareholders
• Labor disputes
• Breach of fiduciary obligation
• Unlawful interference
• Lawsuits alleging product liability

The majority of commercial lawyers are unfamiliar with all of these different sorts of litigation and tend to specialize. We are a broad-spectrum commercial litigator, however, our #1 advantage, is that our parent is a creditor’s rights law firm. If you win a lawsuit, but can’t collect the money you have won, the effort is wasted. We believe that our experience in collecting judgments might be one of the largest skills a commercial litigation attorney should have.

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