Commercial transactions and business relationships often go bad and turn into disputes, resulting in costly litigation. Unable to resolve the dispute through negotiations or discussions between the parties, one party may find that litigation is the only way to end the matter. Unfortunately, litigation is often a fact of modern business life.
Commercial litigation is a general term that applies to any type of litigation or controversy related to business issues. Examples of areas included under the general heading of commercial litigation include:
• Contract disputes, including breach of contract
• Tortious interference with contracts or business relationships
• Uniform Commercial Code (UCC) disputes
• Shareholder and partnership disputes
• Breach of fiduciary duty cases
• Disputes over corporate management and control
• Business dissolutions
• Employment disputes
• Disputes over non-compete agreements
• Franchise disputes
• Antitrust and trade actions
• Consumer fraud and consumer protection issues
• Debt collection actions
• Civil RICO (Racketeer Influenced and Corrupt Organization) actions
The list gives you an idea of the broad scope of commercial litigation. It also provides an idea of how commercial litigation matters can range from relatively simple, uncomplicated matters, to highly complex matters that could take several years to resolve. Improperly handled litigation can lead to additional, unnecessary expense for you and your business. If you lose, you may be subject to a large damages award. In addition, even if you are successful, the amount of money and time you spent fighting may exceed the amount of damages you are ultimately able to collect. Further, protracted litigation can have a negative impact on the operations of your business