What is Commercial Litigation?

A business or entrepreneur may end up in a commercial dispute for a wide variety of different reasons. As described by the Cornell Legal Information Institute, commercial law is a broad area of law that governs a wide range of business relationships and transactions. Commercial litigation covers any lawsuit that falls under these laws. In this article, our New York commercial lawyers provide a more comprehensive overview of commercial litigation. 


Commercial Litigation: Understanding the Basics


Broadly defined, commercial litigation is a lawsuit that involves one or more companies and that falls under state or federal business regulations. Put another way, commercial litigation involves nearly any lawsuit that can arise in a business context. Some commercial lawsuits go to the core of the business itself. Other commercial lawsuits may involve a specific agreement or property. Some specific examples of commercial litigation include: 


  • Breach of contract claims;

  • Commercial lease agreements; 

  • Intellectual property disputes, including patents, copyrights, and trademarks; 

  • Partnership disputes; 

  • Shareholder disputes; 

  • Breach of fiduciary duty issues; 

  • Business and consumer fraud cases; 

  • Employment law cases; 

  • Disputes over commercial loans; 

  • Bankruptcy law cases; and

  • Antitrust claims or other issues involving regulators. 


How Does Commercial Litigation Work in New York?


Commercial disputes do not always end up in the courtroom. As a general rule, there is typically some form of pre-lawsuit discussions between the parties. In some cases, there are even formal settlement efforts, potentially through business mediation or formal negotiation. During this time, the parties to the case should be conducting their own investigation, gathering the evidence needed to prepare their claim or their defense. 


Once a commercial lawsuit is filed, the dispute enters the formal pre-litigation process. It is important to emphasize that only a small number of commercial disputes ever go to trial. Even when a lawsuit is filed, the overwhelming majority are still resolved. Still, it is imperative that companies are prepared for all pre-litigation procedures, including pleadings and discovery. 


If the matter cannot be settled, then the case is on the path for trial. Depending on the specific nature of the commercial dispute, the trial may be before a jury or a judge. If your business is involved in commercial litigation, you must be prepared to present the strongest possible case at trial. 


Notably, many cases are still settled even when they reach trial. Parties can re-enter settlement negotiations at any point before a verdict is rendered. Beyond that, commercial lawsuits can be appealed. If a decision is made by the court, the losing party may decide to take the case to an appeals court. 


Get Help From a Commercial Litigation Attorney Today

 

At Pierce / McCoy, our New York commercial litigation lawyers are skilled, solutions-driven advocates for businesses and organizations. We are focused on getting the best possible results for our clients. If you have questions or concerns about commercial lawsuits, our team can help you understand your rights and options. Contact us now for confidential legal guidance. We offer commercial litigation services in New York, Virginia, and Texas.

Joshua Jewett