Commercial Litigation

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.