What is a Commercial Litigation Attorney?

According to a recent estimate, there are more than 30 million businesses in the United States. They range from small mom and pop stores to giant global franchises and corporations. But all of them have one thing in common. If they have a problem or dispute, they must contact a commercial litigation attorney. What do they do? Also known as corporate or business law, commercial law is a huge body of law that covers most business transactions. Unless the actions of the accused are particularly egregious, it is considered a branch of civil law, meaning that these disputes are almost always handled in civil court. Of course, the overwhelming majority of these cases never make it to court. Experienced commercial litigation attorneys are often able to negotiate settlements that are acceptable to both sides. When to call? There many reasons why business owners contact a commercial litigation attorney, including breaches of contract, class action suits, employment disputes, franchise issues, partnership disputes, debt collection, business dissolutions, and disputes over non-compete clauses. They are also often called into to oversee the merger of two existing companies. An experienced business litigation attorney can help by reviewing employee contracts and stock sales and by making sure that the sales comply with state and federal laws. Why now? After years of cutbacks during the economic downturn, companies are finally starting to expand again. Those who seek to go global often face opposition from their partners or other interested parties. The larger the proposed expansion, the greater the likelihood of a falling out between partners or a dispute that requires legal action. More often than not, commercial litigation involves two or more businesses that are fighting over money or other property. The dispute may include misuse of intellectual property, such as patents, copyrights, or trademarks, or antitrust violations, which involves monopolization of a line of business. Still other cases involve fraud and deceptive trade practices or securities law violations, which can be quite serious. We should also mention abuses of trust issues that occur when a company breaches fiduciary duties. When they occur between people, commercial suits may involve disputes from employees regarding overtime, health and pension benefits, or discrimination. For obvious reason, most employers try to settle these cases as quickly and as quietly as possible. What to look for in a commercial litigation attorney As we mentioned, there are many reasons why businesses may require the services of an experienced commercial litigator, but let’s consider one of the most common ones. Millions of businesses file insurance claims each year in America. A substantial portion of these claims are unfairly denied. Insurance providers often use confusing terminology and/or phrasing in order to avoid paying what they rightfully owe. A business litigation attorney can help! When it comes to finding the right man (or woman) for the job, the first thing you should consider is experience. Commercial law is an absolutely enormous body of law. It is not one that a lawyer can simply dabble in. It should be her (or his) main area of practice. Years of experience are needed to understand the complexities of these legal cases, and strong negotiating skills are a must if you seek to settle the case as soon as possible. It is often a good idea to look for a lawyer who has a sterling reputation in one particular area of commercial law, such as contract disputes or class action suits.