Commercial litigation refers to a branch of civil litigation. With civil litigation matters generally, two or more individuals have a dispute in which one (the plaintiff) sues the other (the defendant), seeking monetary damages or a specific action. Although the dispute relates to defending or enforcing a legal right, the situation does not entail criminal charges.
In commercial litigation or business litigation, either the plaintiff or the defendant is a business entity such as a partnership or a corporation. As you might imagine, commercial disputes tend to be more complex and expensive than other civil litigation actions in proportion to a corporation’s size and resources.
Due to their scope, commercial litigation matters can wind up in federal court just as often as in state court. Depending on the number of plaintiffs or defendants, such legal disputes might become multi-district lawsuits or class action lawsuits.
When your business is facing a commercial contract dispute or an insurance dispute or denial, you need an experienced commercial litigation attorney on your side to provide accurate legal advice and vigorous representation.
The commercial litigators at Halperin & Halperin, P.C. are here to assist you in finding the best outcome for your personal or business needs. Please call us at (212) 935-2600 to schedule a free consultation today.
Types of Commercial Litigation
If you’re wondering, “What is commercial litigation?”, it helps to think of disputes involving business transactions. However, some commercial litigation also includes advocating for consumers in a business context.
The legal team at Halperin & Halperin, P.C. has handled well over 5,000 cases since the firm’s founding, including complicated commercial litigation cases. Here are a few examples of different types of commercial litigation:
The Federal Trade Commission’s antitrust laws promote competition in the marketplace and aim to protect consumers from business practices and mergers that lead to unfair competition and unfair business practices. Antitrust litigation alleges that a company’s practices do not comply with these regulations.
Consumer Class Action Lawsuits
Several consumers who have a common business dispute can bring a class-action lawsuit that alleges they were harmed in the same way, such as through mislabeled products, defective products, fraud, or privacy violations.
Corporate and Partnership Disputes
Business disputes, employment disputes, and similar legal matters within a corporation, a partnership, or an LLC are all forms of commercial litigation. These types of commercial litigation also can include challenges to acquisitions and mergers.
Intellectual Property Litigation
Anything that a person creates in their mind, such as literary and artistic works, inventions, symbols, designs, images, and names used in commerce, is considered intellectual property. This litigation matter involves allegations of infringement on another party’s patent, trademark, or copyright.
This occurs when a company does not comply with applicable law regarding the regulations of its industry, such as energy or environmental regulations..
These types of commercial litigation matters also involve any commercial dispute surrounding the Uniform Commercial Code, which governs commercial transactions such as fund transfers, leases, investment securities, and the sale of goods.
The Racketeer Influenced and Corrupt Organizations Act of 1970 helped fight organized crime, but it also makes it illegal for someone to manipulate an enterprise for the purpose of concealing, benefiting from, or participating in racketeering activity.
Any commercial dispute between an issuer of securities and individuals who invest in those securities falls under this category.
Business torts are intentional, negligent, or reckless acts committed against business entities that cause a financial loss or are likely to cause such a loss in the future.
What a Commercial Litigation Attorney Can Do
Whenever you are involved in a business dispute, you benefit from having someone who can advise you about the litigation process every step of the way.
A commercial litigation attorney such as one of the experienced team members at Halperin & Halperin, P.C. conducts factual investigations, collecting evidence that helps them advocate for you, such as gathering extensive discovery material or interviewing forensic experts.
Although you can appear in court without an attorney, many people find it difficult to represent themselves adequately given the stress of dealing with commercial litigation and the difficulty of navigating the court system. A commercial litigation lawyer can handle timely court appointments and filings properly.
Commercial litigation attorneys, like those at Halperin & Halperin, P.C., also can walk you through the pros and cons at each point in your case so that you decide on the best option for you and your loved ones. They are seasoned at settlement negotiations should you decide not to pursue a legal judgment. In addition, they can file post-trial motions on your behalf and assist in debt collection if necessary.
How Halperin & Halperin, P.C. Can Help
For more than 40 years, Halperin & Halperin, P.C. has built a reputation in the legal community for its hard work, diligent representation, and advocacy for victims of negligent wrongdoing, personal injury, medical and professional malpractice, and commercial litigation.
Whether you or your business are involved in a contract dispute, a denied insurance claim, or any other commercial disagreement, you can trust the team at Halperin & Halperin, P.C. to stand up for you. Even if you choose not to retain us, our attorneys will give your issue the focus and dedication it deserves—and find someone who can assist you if we are unable.
Please contact us today for a free consultation to discuss your civil litigation matter, as well as any concerns relevant to your personal or business needs. Simply fill out our online form, or call us at (212) 935-2600. We’re glad to serve you.