Article

Business dispute? Call a Commercial Litigation Attorney Today!

Topic: Legal ServicesPublished September 23, 2012

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One of the fastest growing legal fields, commercial litigation encompasses legal disputes that are related to business issues. This includes breaches of contract, class actions, employment disputes, franchise issues, partner disputes, debt collection, business dissolution, civil RICO, breach of fiduciary duty, shareholder issues, non-compete clauses, and more. Although it is a bit more specific than Business Law, which includes the drafting of contracts and other agreements, a commercial litigation attorney must be a jack-of-all-trades. He must be well acquainted with business and contract law in order to ply his trade. Generally considered a branch of civil law, commercial litigation deals with issues of public and private law. The purpose of the profession is to help settle disputes before they head to civil court. As you might expect, the civil courts are busy enough dealing with issues between private citizens without having to worry about those that arise between businesses. The vast majority of commercial litigation cases are, fortunately, settled before they go before a judge. Common cases Some folks will do anything to make a buck. They will bend and break the rules and intentionally deceive others. And that is why there is such a thing as a commercial litigation attorney. More often than not, these experienced professionals deal with real estate sales, company mergers, and contract disputes. These are areas where people just don’t seem to be able to agree on. Therefore, they need experienced litigators to help them plan and negotiate these agreements to make sure that they adhere to legal guidelines. Another popular area of commercial litigation involves business partnerships, whether establishing or dissolving them. Because they delineate ownership rights, duties, and financial obligations, these contracts must be comprehensive and quite specific. Many a businessman has lost his proverbial shirt because he failed to consult a reputable commercial litigation lawyer before he signed his future away. Commercial litigation attorneys are also responsible for drafting contracts that define relationships between workers and their bosses. This may involve confidentially agreements that prohibit former employees from sharing company secrets, which could cost them millions of dollars in research and development. As long as they are legally-binding, these contracts are quite comprehensive and help protect privileged information. Last but not least, commercial lawyers also handle insurance defense, since most companies carry multiple forms of insurance coverage. In most cases, the attorney will not deal directly with the company, but rather with its insurance provider. A commercial litigation lawyer is almost always needed to negotiate a dispute with an employee or customer when the insured company has been named as a defendant. Just as in other areas commercial litigation, their goal is almost always to reach a reasonable settlement before the dispute goes to court. No matter the size of the business, public court cases can and often do generate negate publicity, which is often more costly than simply settling the case. Therefore, it is often best to settle out of court before the dispute makes the local papers.

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