Every year, between 36% and 53% of U.S. small businesses are sued. At such rates, commercial litigation is a threat no entrepreneur can afford to ignore.
Getting sued can cost your business an enormous amount of time and money. In 2018, commercial liability cost the U.S. a colossal $343 billion, with small businesses shouldering well over half of those costs.
The most practical way to manage the risk of commercial litigation is to avoid it in the first place. But even with the best-laid plans, the unexpected can happen, and you find yourself at the receiving end of a lawsuit. It’s the reason many companies retain the services of a competent commercial litigation attorney to fight for them in the event of a lawsuit.
But what kinds of cases can your commercial litigation lawyer represent you in? Read on to find out.
Breach of Contract
Claims citing a breach of contract are quite common. That’s why business owners need to invest in understanding contracts to minimize their chances of breaching them.
The contract may be with a client, a supplier, another business, and so on. Regardless of who the contract is with, a dispute can be incredibly costly unless you make the right arguments and cover your bases in court.
With the commercial litigation advice your attorney offers, you can handle the case efficiently. This way, you avoid the consequences that come with contract disputes.
Sometimes, you’re the one suing for a breached contract. In this case, your attorney can help fight for your rights and ensure that the entity that breached the contract pays for it.
Disputes With Staff Members
As a company with employees, there is always a possibility that disputes could arise between management and other employees. These disputes are wide-ranging. Some involve broken contracts that touch on non-compete and non-disclosure agreements. Accusations of discrimination, harassment, and wrongful termination are also common.
As a company, you may feel that a member of staff has violated the employment agreement by failing to perform complete and valid work.
Sometimes, disputes with employees escalate into lawsuits. In such a case, it’s in your best interest to talk to a commercial litigation attorney to represent you during the lawsuit.
From time to time, partnerships encounter disputes that may threaten the success of the enterprise. Some common disputes involve documentation, the attempt to introduce a new thing to the company, or trying to change established company processes.
Partnership disputes can greatly rock the company and need swift resolution. When these disputes get messy, it’s a great idea to engage the services of a competent commercial litigation attorney. These experts help ensure your interests are protected throughout the legal process.
With Intellectual Property
Conflicts with intellectual property are another common type of commercial litigation. These disputes may involve patents, copyrights, or trademarks. If you’ve been accused of using someone else’s intellectual property or believe someone else has used yours, a commercial litigation lawyer can help fight for you.
Your attorney may help get the court to issue an order barring the offending entity from continuing to use your intellectual property. They may also petition the court to compensate you for any damages incurred.
Every business, especially when it’s still small and starting to experience growth, is susceptible to fraud. The chances are that, at some point, you’re going to encounter fraud disputes as a company. Among the most common cases of fraud include:
- Fraudulent concealment
- Fraudulent inducement
- Omission and non-disclosure
- Fraud by a business partner
- Tortious interference
Allegations of commercial fraud are serious. Litigation, in this case, can lead to extensive monetary damages, potential disgorgement, injunctive relief, and reputation damage. If the plaintiff wins the case, they may also be entitled to recover exemplary damages.
If you find out that fraud has occurred in your business, you need to talk to a seasoned commercial litigation attorney right away. Your lawyer can carefully investigate the matter and identify relevant issues early enough to make sure that the case is handled properly from the start.
Win Your Cases With The Right Commercial Litigation Attorney
As long as you run a company, you should always be prepared for different types of lawsuits. Regardless of whether you’re the one suing or being sued, working with an experienced commercial litigation attorney can help obtain a good result for your company in court.
Are you interested in reliable commercial litigation services? Contact us today to learn how we can help.