Commercial Business Litigation
Commercial business litigation simply refers to any type of legal conflict relating to business issues. When matters become highly contentious between two or more businesses or corporations and one company takes legal action against the other, it is referred to as commercial litigation.
Commercial litigation is a broad term that refers to all business conflicts, whereas business law itself is distinct in that it also covers the drafting of contracts and agreements (matters that may one day lead to a dispute). In simple terms, commercial litigation typically involves one or more businesses locked in a dispute over money or some other type of property.
Common Examples Of Commercial Litigation
Breach of Contract. A breach of contract can involve purchases and sales of securities, real estate transactions, agreements to provide goods or services, or mergers and acquisitions.
Employment Disputes. Disputes over health and pension benefits, overtime, age, race, gender or religious discrimination; all of these would fall under the category of employment disputes.
Tortious Interference with Contract. This occurs when a third party successfully interferes with or otherwise prevents the performance of an agreement between two parties.
Breach of Fiduciary Duty. Fiduciary duty is an obligation to act in the best interests of another party or entity. For example, a corporation’s board member will have a certain fiduciary duty to the shareholders, while a trustee has a legal obligation to the beneficiaries of an estate. It’s not uncommon for people in a position of trust such as corporate officers, directors, agents, trustees or partners to violate that trust and their fiduciary duty to the company they were working for or with.
Fraud and Deceptive Trade Practices. Any type of fraudulent activities and misrepresentations in business transactions.
Disputes Over Non-Compete Clause. These disputes involve non-competition, non-solicitation, and non-disclosure agreements by former business associates, owners and employees. When there is a breach in one of these clauses, it may result in a lawsuit that includes a request for emergency relief by means of a pre-trial injunction or a restraining order.
Antitrust Violation. Antitrust violations cover price discrimination, price fixing conspiracies, monopolizing a market, and conspiracies to allocate customers, or divide territories or otherwise control and prevent fair competition in the marketplace.
Violating Intellectual Property Law. Violations against intellectual property laws, such as patents, copyrights, trademarks, trade dress, service marks and also trade secrets.
Debt Collection. Collecting various types of debts such as guaranty agreements, promissory notes, and mortgages and deeds of trust.