When it comes to litigation, the two most common types are civil and commercial litigation. Civil litigation happens when a dispute involving two people led to a filed lawsuit wherein financial compensation is demanded by the plaintiff.
Commercial litigation, on the other hand, involves businesses or companies rather than individuals. The same legal process as civil litigation is with commercial litigation. However, commercial litigation lawyers handle the best interests of a corporation, company, or business rather than individuals.
The stage processes of commercial litigation include:
- Appeals hearings
- Bringing the case to trial either in front of a judge or by jury
- Retaining a litigation lawyer
- Filing any post-trial motions necessary to the case
- Preparing and filing of motions
- Factual investigation completion
The involvement of legal issues and factual background are the factors that make commercial litigation pretty complex. Often, federal courts are the venues for commercial litigations than state courts. A commercial litigation case can either be a class-action or multi-district suit. The resolution of commercial litigation cases takes longer than civil cases. Some cases have been seen to drag on in years before the courts execute a final resolution.
This means that the costs of commercial litigation can be pretty steep. The cost of paying forensic experts for e-discovery can quickly add up the expenses.
Varied types of Commercial Litigation
Commercial litigation is made up of different types, to include:
A business relationship going south either because of intentional wrongdoing or negligent wrongdoing are the things that business torts cover. Non-compete clauses are the most common example of business torts litigation. A non- compete clause possessed by an employee prevents him/her from working with another business. The business that hired the same employee while aware of the clause commits tortious interference.
Consumer Class Action Lawsuits
Fraud, privacy violations, product mislabelling, or defective products can make a group of consumers file a collective lawsuit. This type of commercial litigation is called consumer class action lawsuits.
The practices of business alleged of not complying with competition regulations can face an antitrust litigation suit.
UCC or Uniform Commercial Code
Commercial transactions are governed and regulated by a code called the UCC or Uniform Commercial Code. Commercial transactions that are governed by the UCC include:
- Fund transfers
- Investment securities
- Sale of goods contracts
Breach of Contract
A business that violates the terms of the agreed portion or all of a contract with another business can be sued for breach of contract. Breach of contract is a common occurrence with commercial litigation cases.
Potential criminal and civil litigation cases can be filed with any business for the non-compliance of industry regulations. For instance, an environmental litigation case can be filed against a company that violates environmental regulations.
Partnership and Corporate Disputes
Disputes within the LLC, corporation, or partnership can happen. Some of the disputes that fall under this commercial litigation include acquisitions and merger challenges.
The bottom line
It’s important to retain a reputable commercial litigator when your business faces a lawsuit or needs to file a suit against another. Commercial litigation in Melbourne happens even to the best businesses or companies. Having a legal expert on your side is one of the best ways to arrive at a resolution.