First off, what is business (or commercial) litigation? Business litigation is the process of resolving ongoing disputes through the litigation process.
To protect yourself in a serious business litigation lawsuit, your litigation lawyer should be the first person you call. Your litigation lawyer will be able to investigate the allegations against your company, file an insurance claim, formulate a strong defense, and plan to fight for a fair settlement.
SuperPages.com has a general overview of what business litigation is and how it works.
What is Business Litigation?
Sometimes business disputes arise, and when they can’t be resolved through negotiation or arbitration proceedings, business litigation can be used as a way to remedy the situation. Whether it’s a private individual or a business entity that has a legal issue with another business entity, we will look at what is business litigation.
Many people are concerned about their finances and investments now, so anyone who suspects that his investment broker has not acted ethically may bring business litigation against brokers who do not act in the best interest of the clients. If an investor suffers excessive financial loss as a result of unethical behavior by a broker, the investor can pursue business litigation. In the same vein as unethical broker behavior, which usually involves a broker pushing inappropriate investments on clients or failing to fully disclose investment information, is investor fraud, which involves deception.
Another common instance that can result in an individual bringing business litigation against a business is in a dispute over intellectual property. Any infringement on a patent, trademark or copyright is grounds for business litigation.
Breach of fiduciary duty can cause a strain between business partners or shareholders in closely held corporations. If one member violates his obligation to operate in good faith and loyalty then other partners can recover with business litigation.
If commercial insurance companies undervalue or deny a fair claim then businesses, particularly small businesses, can recover the amount they are entitled to with business litigation. Insurance companies can sometimes attempt to avoid fully paying a legitimate claim, or even avoid paying it at all, by using confusing or deceptive wording in the contract. There are countless other areas in which a business may have a need for business litigation to resolve a dispute against another business.
When business disputes occur between a business and an individual or between two business entities, resolution without resorting to business litigation will always be preferable for everyone involved. In cases where that just isn’t possible, a good business litigation attorney can be invaluable in protecting your rights and your company’s business interests.
A business litigation attorney can help you resolve your dispute with a co-worker, employee or client. By meeting with the other party’s attorney, your attorney can work on a settlement before the case is sent to court. Litigation also refers to filing and carrying out a lawsuit, which can help in avoiding litigation if an agreement can be reached outside of court.
Contact the business / commercial litigation lawyers at Revelli & Luzzo in Worcester, MA to schedule your free consultation. We have helped several business resolve disputes in a cost-effective manner. Whether or not the case goes into court, there is a considerable volume of work involved with business litigation disputes. Call us so we can help you navigate the litigation process with success.