Commercial Litigation In Dallas Texas

Commercial Litigation

Commercial litigation can be considered a branch of civil litigation, and it includes any legal action involving a corporate party. A variety of disputes can require the need for a commercial litigation attorney, including contract disputes, employment issues, shareholder issues, debt recovery, a breach of contract, and more.

When a business is in a legal dispute, hiring an experienced commercial litigation attorney for assistance is critical. These services guard against business failure that can result when serious legal issues occur. A commercial litigation lawyer is a legal professional specializing in civil disputes in a commercial context. The lawyer offers representation for their clients in court, with the goal of advocating for their interests. When possible, the case is resolved through negotiations or alternative dispute resolution. Or, litigation might be necessary if the situation can’t be resolved in a private setting.

Common Types of Commercial Litigation Cases

Commercial litigation can include many different issues involving breach of contract, partnership disputes, and other forms of business litigation. Here are a few examples showing when it makes sense to hire a commercial litigation attorney for assistance:

Breach of contract

A breach of contract is when one party fails to perform any or all their agreed portion of the contract. Either the requirements are unmet, or the performance doesn’t meet industry standards. Several elements must occur in order for a breach of contract to go through litigation. Talk to a commercial litigation attorney if these elements of a breach of contract apply to your situation:

A contract exists
Nonperformance of one or more of the contracted parties
Failure to perform the contract
Damages result due to a lack of performance

In the pursuit of justice for a breach of contract, the remedies available are contingent upon various factors, such as the specifics of the situation, the terms stipulated in the contract, and the gravity of the breach. As a victim of such a breach, you may be entitled to compensatory damages, which aim to cover the actual losses you have incurred due to the breach.

Additionally, expectation damages and consequential damages may come into play, seeking to restore you to the position you would have been in had the contract been duly fulfilled. In cases where calculating compensatory damages proves intricate, liquidated damages might be deemed a suitable remedy, providing a predetermined sum agreed upon in the contract to address any potential breach.

Partnership Disputes

If partners in an enterprise have disagreements, then hiring a commercial litigation attorney might be necessary to resolve the situation. These partnership disputes can happen when the parties don’t agree on the business direction or decisions. Or a partnership dispute might be the result of a partner’s misconduct. Another potential cause of a partnership dispute is when one partner contributes significantly more than the other.

While the preferred solution is to resolve partnership disputes through private conversations and negotiations, there are times when these disputes can only be resolved through litigation. The first recommendation is to hire a private arbitrator or mediator for assistance. Then, if resolution is not achieved, it might be necessary to hire a commercial litigation attorney for help. When satisfactory outcomes are not found, then one or more of the business partners might decide to file a lawsuit so the conflict is resolved in court.

Intellectual Property Disputes:

Intellectual property is any type of intangible asset where rights are in place to control the ownership or sale of this asset. We live in a digital age, and intellectual property disputes are becoming more common than ever before. This aspect of commercial litigation can be complicated, especially because intellectual property infringement can be unintentional at times.

Examples of intellectual property disputes include:

Copyright Infringement: Copyrights are in place to protect creative works in both digital and printed form. Examples of copyright infringement include using written words, images, movies, or photographs without owning the rights to these properties.
Trademark Infringement: A trademark is designed to protect a specific phrase, word, symbol, logo, or mark that identifies a specific company. Trademarks are most commonly associated with branding. The use of this trademark without proper permissions can be an infringement on intellectual property.
Patent Disputes: Having a patent is a way to protect inventions, including a method, process, machine, or manufactured item. If another party copies a patented item or method, it could result in patent disputes.

Employment Disputes

There are a variety of reasons why a person might choose to hire an attorney for employment disputes. These disputes can arise from actual or alleged workplace mistreatment, termination, discrimination, wrongful demotion, harassment, and more. Here are a few examples of employment disputes that might require a commercial litigation attorney:

Wrongful Termination: When the employer fires an employee for an illegal reason, it falls under the wrongful termination category. The employee can choose to pursue a wrongful termination claim if it is determined that state or federal employment laws were violated in the termination process. A breach of employment contract can also fall into the category of wrongful termination.
Discrimination Claims: Protections are in place to prevent discrimination in the workplace, but issues can still arise for protected classes. You might consider hiring a commercial litigation attorney if you believe you have been discriminated against at work for your race, color, sex, gender identity, sexual orientation, religion, age, national origin, genetic information, or disability.
Harassment Claims: Harassment in the workplace is illegal and is considered a form of employment discrimination. A variety of situations can fall into the category of harassment, including unwelcome conduct based on discrimination or other issues. If there is a condition of employment based on enduring the offensive conduct, or the conduct is so severe that it creates a hostile or intimidating work environment, consider involving a commercial litigation attorney for assistance.

Request a

Free Case Review

Need help right away? Call us!

214-556-8899

Practice Areas

Personal Injury

Car Accidents
Slip and Fall Accidents
Medical Malpractice
Workplace Accidents
Fault in Personal Injury Cases
Economic Damages
Non-Economic Damages
Punitive Damages (if applicable)

Commericial Litigation

Breach of Contract
Partnership Disputes
Intellectual Property Disputes
Employment Disputes
Commercial Litigation Process

The Commercial Litigation Process

The commercial litigation process can be stressful and complicated, which is why it’s essential to have experienced commercial litigation representation every step of the way. There are specific processes that will be followed to optimize the potential outcome of your case:

If you are injured on the job, then make sure to follow these steps without delay:

Initial Case Evaluation:

A consultation will be scheduled so your commercial litigation lawyer can assess your case and determine if it’s worth pursuing a lawsuit. An experienced attorney will want complete information about the situation and anyone involved. This information is important to prepare the case and identify the ideal strategy for moving forward.

Pre-Litigation Negotiations and Settlement Attempts:

Ideally, commercial disputes can be handled outside of court. So, your attorney will attempt to negotiate with the other party. Not only is an out-of-court settlement less stressful for everyone involved, but it also saves money on legal fees.

Discovery Phase:

During the discovery phase, this formal process provides the opportunity for both parties to exchange information about the case. This court proceeding includes evidence and witnesses to be presented during the trial. The purpose is to help all involved parties become aware of the evidence that will be brought forward in the case.

Preparing for Trial:

Trial preparations include a variety of activities, including collecting evidence, gathering depositions, and making requests for admissions. Other trial preparations can include pre-trial motions and briefs, jury instructions, and preparing an opening statement to outline the case in court.

Trial Proceedings:

When it is time to go to court, the trial proceedings involve a structured process so that the facts of the case are presented to a jury. Your commercial litigation attorney will provide courtroom representation on your behalf. The goal is to resolve a dispute. The judge uses documented evidence and listens to submissions from both sides. This process can include opening statements, presentations of the cases, witness questioning, cross-examination, and finally, a summary of the case by both parties.

Appeals Process:

Once the trial proceedings have concluded, the judge will determine a judgment and present the decision in written form. If one of the parties disagrees with the outcome, an appeal can be filed to ask a higher court to review the proceeding. An appeal aims to determine if errors occurred that might require a reversal of the initial decision.

Benefits of Hiring a Commercial Litigation  Lawyer

Is it worth the cost to hire a commercial litigation lawyer? It depends on the complexity of your case and what is at risk if the situation isn’t resolved. Most of the time, it is helpful to have the assistance of an experienced attorney.

If a lot of money is at stake, then the commercial litigation cost is worth the expense in order to collect a remedy for the situation.

The benefits of hiring a commercial litigation attorney include the following:

Legal Expertise and Experience
Strategic Case Assessment and Planning
Negotiation Skills and Alternative Dispute Resolution
Courtroom Representation and Advocacy

Proving Negligence in Personal Injury Cases

In order to win a personal injury lawsuit, it’s necessary to prove negligence. As a victim, there need to be 4 elements for your case:

Duty: The wrongdoer had a duty of care for the victim.
Breach: That person breached their duty.

Cause: The breach of duty resulted in injuries.
Damages: The victim suffered damages from these injuries.

Comparative Fault in Personal Injury Cases

It can be challenging to identify who is to blame in many situations. So, the comparative fault might come into play. This type of fault determines damages based on the negligence of all parties involved in the accident. Even if a victim shares a portion of the fault in the injury, they can still be awarded compensation – but the determined percentage of fault reduces the award.

For example, if it is determined that the injured person should receive $10,000 in damages, but they were at 80% fault for the accident, then they would only be awarded $2,000.

How to Choose the Right Commercial Litigation Lawyer

When you want to ensure commercial litigation outcomes, then it’s important that you hire an attorney will applicable experience relating to your case. Follow these tips to hire the ideal commercial litigation attorney to assist with your dispute:

Assessing Experience and Expertise:

First, evaluate the attorney’s experience and expertise. Ideally, you will be working with a lawyer with hands-on experience regarding the type of case you need help with. For example, if you need help with workplace harassment, then it’s best to find a commercial litigation lawyer who works with employment disputes.

Reviewing Track Record and Case Results:

Before you hire an attorney, ask for information about their case results. You deserve to work with a team that displays a strong track record for success in the courtroom.

Evaluating Communication and Responsiveness:

Not only does the attorney need to have experience and expertise, but you should also consider how well they communicate with you regarding the case. Having a responsive attorney is key to easily navigating the negotiations, courtroom proceedings, and other necessary activities.

Considering Client Testimonials and Referrals:

Request information from other clients who have worked with the attorney, including testimonials. You can also check online for reviews about the attorney and law firm.

Request a Consultation

Frequently Asked Questions about Commercial Litigation

What is the average duration of a commercial litigation case?

If a commercial litigation case goes to the trial stage, it can take 12 – 24 months for resolution. Smaller cases can be resolved more quickly, but the timeframe will be longer if there are complexities or situations that involve many witnesses.

How much does commercial litigation representation cost?

Commercial litigation attorneys charge by the hour, usually between $250 – $500 per hour. The complexity of the case will determine the number of hours required. Most cases run between 20 – 200 hours. Talk to your attorney before deciding to move forward with the case for information about their rates and the estimated number of hours that will be required.

Can commercial litigation be resolved outside of court?

The initial goal is to resolve the dispute through negotiations outside of court. It is usually in the best interest of all parties for an early resolution without court involvement because it will save money on legal fees. So, an experienced commercial litigation attorney will recommend negotiations before you decide to move forward with a lawsuit.

What are the potential commercial litigation outcomes from a case?

Potential outcomes of commercial litigation might include an award of monetary damages and an order from the court for equitable relief (orders for people to do or not to do certain things). Sometimes, both monetary damages and equitable relief are awarded. You will provide a specific request for relief in the petition, then the court will determine if the relief is awarded.

The Importance of Commercial Litigation

There’s no question that hiring a commercial litigation attorney is an essential investment in certain situations. If you are facing a commercial dispute, you deserve professional representation to act on your behalf. Not only does this process protect individuals, but the proceedings can also help protect business interests. The legal framework is in place to enforce rights and interests.

If you think that you need help with a commercial litigation case, then the best thing you can do is schedule a consultation with an experienced attorney. Call today to book an appointment and learn more about available services.