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Exploring Common Types of Commercial Litigation Cases
Commercial litigation involves a dispute between businesses. Any other business involved in a controversy will likely hire an experienced lawyer to represent its interests, and you should do the same. Commercial litigation can be complex and drawn out; the stakes could not be higher. You should contact an experienced commercial litigation attorney early to provide the most effective possible representation. Here are some common types of commercial litigation cases you need to know.
Breach of Contract
Contracts are the lifeblood of a business. They are involved as signatories to scores of agreements with other counterparties. There may be disputes over what the contract means or the fact that one party failed to live up to the terms of the agreement. When someone violates their legal obligations to you under the terms of a contract, they may owe you damages for their non-performance. Breach of contract cases often results in counterclaims because both parties may view the other as not living up to what is expected of them.
Business Torts
A business may be at odds with another company based on disputes about competition. For example, a business may claim another stole its intellectual property or trade secrets. Other examples of business torts include illegal competition, such as antitrust violations. You may be able to sue another business whose conduct injures you and causes you losses. However, these cases are very hard fought, and they often go all the way to trial.
Partnership Disputes
Some businesses are partnerships. The partners have an agreement with each other that governs the operation of the business. Partners do not always agree about the direction of the business or the actions that the others are taking. The problem is that a partner can be personally liable for another partner’s actions. In some cases, the partners have a dispute that reaches litigation. This dispute can even lead to the dissolution of the partnership.
Employment Disputes
A business may have employees who are under contract. Other workers may have alleged that the business violated their rights under federal or state law. An employee may sue a business for breach of contract or not paying them according to the law. Employees could also sue a business for other violations of the law, such as discrimination. These lawsuits can be very high stakes for businesses because they could be ordered to pay a large amount of damages.
Shareholder Litigation
Shareholders in a business have certain rights that go along with their ownership. Majority shareholders of fiduciary duties to minority shareholders. A shareholder may file a lawsuit in their name if they lose money due to corporate misconduct. In addition, a shareholder may file a shareholder derivative lawsuit against the directors and officers in the company’s name.
Insurance Coverage Disputes
A business may have suffered a loss due to certain events. For example, it could have suffered damage from a natural disaster or business interruption. In this case, the business expects its insurance company to cover its losses based on its contract. In other instances, the insurance company may refuse to cover damages that someone else suffered when on a business’s property. You may need to sue the insurance company to force them to pay for your damages.
Real Estate Disputes
A business usually owns or leases its real estate. Any sales agreement or lease is a binding contract between the two parties. A business may dispute the terms of the deal or fail to disclose certain defects in the property with the other party to the transaction. Commercial real estate lawsuits are often extremely technical, requiring the help of an experienced attorney.
Contact the Skilled New Jersey Commercial Litigation Lawyers at Herold Law, P.A. for Help With a Dispute
If your business is in dispute or involved in a controversy with the business, reach out to the New Jersey commercial litigation lawyers at Herold Law, P.A. We can provide you with gloves-off representation in the litigation process. You can schedule a consultation with one of our attorneys by calling us today at 908-679-5011 or contacting us online. Our office is in Warren, New Jersey, and we work with clients in Somerville, Morristown, and across the state.
