09/04/2017
Common Types of Commercial
Any instance of legal conflict between businesses, corporations or companies with respect to various types of corporate issues can be subject to commercial business litigation. If two or more companies are involved in a dispute and one company takes the matter to court through a lawsuit or legal citation, this begins the commercial litigation process.
All business conflicts fall under the category of commercial litigation. There are many different types of cases that are handled in this purview, and below, we discuss some of the most common instances of commercial litigation.��• Breach of Contract – A contract dictates what each party in a business agreement can and cannot do, and what services will be provided, what will be paid, etc. The business world is run on contracts, and when one party violates its end of the agreement, the other party can bring legal action. Breach of contract disputes can include securities sales, goods and services provided or promised, real estate transactions, mergers and acquisitions. �• Breach of Fiduciary Duty – “Fiduciary duty” refers to the obligation that one person has to act in the best interests of another person or entity — a company board member has a fiduciary duty to the company’s shareholders and consumers, for example. If a fiduciary duty is violated, the wronged parties can file commercial litigation suits. �• Fraud / Deceptive Trade – any instances of fraud or misrepresentation by a business entity�• Employment Dispute – An employee may have a conflict with the employer over benefits, health care, overtime or pay discrepancies, or discrimination of any kind. �• Tortious Interference – When an outside or third party is successful in preventing an agreement or contract between two other parties, this is considered tortious interference with contract. �• Non-Compete Disputes – When a person leaves a company, he may sign several non-competition, non-solicitation, and non-disclosure agreements, stating that he will keep the trade and business secrets of his employer. If one of these agreements is violated, it could be cause for legal action. �• Intellectual Property Disputes – any violation of the intellectual property laws (patents, copyrights, trade secrets, trademarks, etc.)�• Debt Collection – collecting debts from mortgages, deeds of trust, promissory notes, and others�• Partnership Disputes – Building a company is hard work, and it’s even harder when you throw different people and different personalities, visions, and backgrounds into the mix. Partnerships are critical to maintain stability and promote growth and success, but when these relationships get contentious, one or more involved party may bring legal action to resolve the dispute.
Handling Litigation�Because of the nature of most business enterprises, conflicts and the ensuing litigation are inevitable. It is important to be aware of what constitutes a commercial business litigation case, as well as what can be done to resolve it.
Involved in a Commercial Litigation Case? �At Credo Advocates we are here to help you through any commercial business lawsuit or legal action. For more information regarding commercial litigation cases, or for a consultation about a pending case or dispute, contact one of our Credo Advocates commercial litigation attorneys today.
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