COMMERCIAL LITIGATION

Commercial litigation covers disputes between companies or individuals in the context of business. This type of litigation involves two or more parties attempting to resolve a conflict involving business transactions by submitting their dispute to the legal system. Commercial litigation is an umbrella term applying to any business-related issues. General commercial litigation involves virtually any type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, employment issues, real estate disputes, breach of fiduciary duty allegations, and shareholder issues.

For example, in one case a one party purchased a restaurant from the other party for $100,000 and signed the assignment of lease with landlord. After the transaction, the purchaser could not obtain the permit from the county without updating the restaurant and spending a renovation fee of $30,000. The seller refused to share the renovation fees, as it was not part of the sale contract. The purchaser sued the seller for fraud. Can the purchaser win the lawsuit?

In another example, two people invested in a purchase land and signed a shareholder agreement. The parcel of land was chosen by Partner A. After the transaction, Partner B found that the land was worth much less than the price. Can Partner B sue partner A or the seller for fraud?

Many questions in the business world cannot be correctly answered by non-attorneys, or even attorneys who are not familiar with the specific sphere of law.

When facing such business disputes, you need a business commercial litigation attorney to help you. Our litigation attorney has 47 years’ experience handling all sorts of of lawsuits, and has even trained other attorneys to handle such litigation.

With what spheres of business law do our litigation lawyers have expertise?

Breach of Contract​

Among the most common causes for lawsuits in the U.S., breach of contract can occur in many ways. The law offers a variety of remedies for such breaches, designed to make the injured party whole. Court-ordered remedies for breach of contract cases are not meant to punish the breaching party, but to return the injured party to the position he would be in if the breach had not occurred.

Partner or Shareholder Disputes

Partner or Shareholder disputes are sometimes called “business divorce.” While they does not involve issues such as custody and alimony, it can easily take years to litigate the matter between partners. One frequent litigated matter is partners have different opinions over how to run the company; or one party breaking the shareholder agreement; Another frequent matter is one party embezzling the money from the company.

Copyright Infringement

Copyright infringement is when someone appropriates the copyright-protected work of someone else, (a book, an article, a song, etc.), without permission. If something is protected by copyright, you generally cannot legally make it available to the public in any format, digital or otherwise, without permission of the person or body who holds the copyright, except under narrow exceptions such as fair use.

Trademark Infringement

Trademark infringement involves the issue of whether trademarks are “confusingly similar.”

Construction Litigation

Construction litigation is a broad term that includes lien foreclosure actions, breach of construction/renovation contract claims, defective construction claims, delay claims, scope of work disputes, and more.

Non-Competition

Non-competition agreements (“non-competes”) are frequently used by employers to limit and control the competitive activities which a former employee may engage after his or her employment ends, especially former key employees.  When a prospective new employer wants to hire a candidate who is subject to a non-compete agreement with his or her former employer, the new employer is subject to a potential non-competition litigation.

Sexual Harassment

Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault.

Real Estate Dispute

We litigate Both Commercial Real Estate Disputes and Residential Real Estate Disputes such as

  •           Contractual disputes, property development or management, and fraud;

  •           Breach of lease, through non-payment of rent, failure to maintain commercial premises, or failure to operate a business            in the manner described in a lease contract;

  •           Disputes involving land use regulations, such as zoning; Construction or development contracts, including lack of                         payment, negligent work, breach of warranty, or unsatisfactory services;

  •           Breach of contract for sale of real property; Seller’s disclosures regarding the condition of the premises;

  •           Disputes over boundary lines or other encroachments; Nuisance claims; Alleged violations of restrictive covenants;

  •           Partition cases: because a home or building often cannot be equally divided, the remedy is typically the purchase or sale            of one person’s interest, or the sale of the property, with an equal division of the sales proceeds;

  •           Broker’s Commission

Insurance Litigation

When a policyholder who has paid insurance premiums submits a claim to their insurance company, they expect the company will act in good faith and honor the validity of the claim. However, many times the insurance company does not do what is right and honor the claim. Disputes often arise after an insurance company denies a valid claim, many times without a legitimate reason or explanation.

Fraud

Business fraud typically occurs based on false statements, but can also be committed by omitting material facts. Fraudulent inducement is another form of fraud where one party makes a fraudulent statement to induce the other party to enter into an agreement.

Debt Collections

The single most effective form of debt collection for any creditor or debt collector is the filing of a lawsuit. If a lawsuit is filed against you and you do not properly respond, you may wind up having a judgment against you. If there is a judgment against you, the collector or creditor no longer has to make a deal with you for debt settlement. In order to satisfy a judgment, a creditor can garnish your wages, garnish or seize funds from a checking or savings account, or place a lien on personal property. In addition, an unpaid judgment continues to collect interest at a state specified interest rate.

Estate Litigation

Most frequent matters include will contest, trust litigation, and guardianship disputes.

FAQs

Attorney Fees: Does the Losing Side Have to Pay?

In the United States, the rule (called the American Rule) is that each party pays only their own attorneys’ fees, regardless of whether they win or lose.

Whether an exception to the “American Rule” will apply will depend on the type of case you’re involved with and the state in which you live. For instance, you might have to pay when:

  1. a contract provision calls for the payment of attorneys’ fees, or

  2. a statute (law) specifically requires payment of attorneys’ fees by the losing side. For instance, in a Fraud case, the losing party is typically required to pay the legal fees of the winning party.

How long does it take to litigate a case?

Potential clients usually ask our lawyers, “How long will it take to settle my case?” The best answer is that “it depends.” In most of the cases, parties come to lawyers because they cannot settle their disputes by themselves, so litigation is the only solution. However, 80% of cases will be resolved by settlement.  Either party may propose a settlement offer, that must be accepted by both parties. As a result, only a small percentage of cases ended up going to trial.

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