There are many different ways that you might find yourself facing business litigation. Otherwise known as commercial litigation, the only qualifier turns a civil lawsuit into a “commercial litigation” matter is that at least one party in the lawsuit is a business entity—be it a corporation, a company, an LLC, or any other type of business. There are practically endless scenarios in which an individual might sue or find themselves sued by a company, or in which one business might sue another.
Whatever the scenario may be, it may be tempting not to go through the effort and expense of hiring a commercial litigation attorney to represent you, and to try to handle it yourself instead. You may think a matter is small or simple enough for you to handle on your own, and that you’ll do yourself a favor in the long run by saving money on attorney’s fees.
However, foregoing an attorney and trying to represent yourself in business litigation is a grave and potentially devastating mistake. As a rule, business litigation tends to be far more complex and specialized than other types of civil litigation. There are many different turns a given commercial litigation case can take, even if it appears relatively “simple” to begin with. Many of these turns will drastically increase the complexity and the length of a trial, making it virtually impossible for any layperson to be able to represent themselves adequately. If your concern is truly saving time, money, and effort, hiring a business litigation attorney is by far the best option. Going the DIY route will almost certainly land you with a steeper bill and far more time and energy expended than if you simply hire an expert who knows the legal system professionally to advocate on your behalf.
What Can a Business Litigation Attorney Help Me With?
As mentioned above, there are any different types of legal conflicts and disputes that can become matters of business litigation. Examples of common business litigation issues include:
- Breach of Contract: Contracts are the foundational basis of many business arrangements, deals, and partnerships. Breach of contract litigation refers to a lawsuit filed against an individual or a company for failing to uphold the agreed-upon terms of a legally binding contract.
- Antitrust Litigation: In the US, there are certain laws in place to prevent monopolies and promote competition. These are called “antitrust laws.” Antitrust litigation can be pursued against a business when it fails to comply with antitrust laws.
- Class Action Lawsuits: Class action lawsuits are joint lawsuits filed by a group of people with a shared grievance, injury, or claim for damages against a company or business entity. Plaintiffs in class action lawsuits bring their cases against defendant companies and seek compensation as a group.
- Product Liability Claims: If a person or company has been injured or otherwise harmed by another company’s faulty or misrepresented product, the injured party or parties can file a product liability claim against the company for damages.
- Regulation Violations: Each industry has an extensive set of rules and regulations that must be followed by all companies working in that industry. These regulations often exist to protect larger interests, such as workers or the environment. Regulation litigation can be pursued against a company if they are not in compliance with their industry’s regulations.
- Intellectual Property (IP) Litigation: When someone protects an idea, an object, an invention, or a product with a trademark, copyright, or patent, it is considered their “intellectual property.” If a person or company infringes on intellectual property that belongs to another person or company, the owner of the intellectual property can file an IP lawsuit.
- Employment Disputes: In the relationship between employers and employees, there are many potential issues that could be grounds for litigation. Individuals could be sued by companies for things like breach of non-disclosure agreements and non-compete agreements. Employers, on the other hand, can be sued for things like discrimination, harassment, and hostile work environments, as well as breach of contract and unlawful denial of wages or benefits.
- Partnership Disputes and Shareholder Litigation: Both co-partners and shareholders have certain rights when it comes to the way a business entity is run, as well as the actions it takes. When these rights are violated or otherwise infringed upon, individuals and companies can sue.
What Will a Business Litigation Attorney do During my Business Litigation Case?
During each phase of a standard business litigation case, a business litigation attorney can offer a wide variety of services. These include:
- Interviewing, Evaluation, Research, and Case-Building: When you first hire a business litigation attorney, they will thoroughly interview your case. This will help them formulate a strategy for how to best proceed. They will also conduct extensive legal research to help inform your argument.
- Drafting and Filing Motions, Pleadings, Complaints, and Answers: In order to file a business lawsuit, a business litigation attorney must first craft a compelling Complaint to lay the groundwork for the case. If you are being sued, a business litigation attorney can draft a compelling Answer in response to the opposing party’s Complaint.
- Conducting Thorough Discovery and Depositions: Discovery is an essential phase of any business litigation trial, where each side demands information from the other. A skilled business litigation attorney will prevent the opposing party from gaining information that may be harmful to your case, while gaining as much advantageous information as possible.
- Negotiating During Settlement: Business litigation cases often forego trial, which can be extremely prolonged and expensive. However, you will still need an excellent business litigation attorney to argue for the best possible out-of-court settlement on your behalf.
- Representing Your Best Interests at Trial: If you do go to trial, it is even more essential to have a good attorney on your legal team. With their extensive knowledge of law procedure and a strategy already worked out beforehand, an experienced business litigation attorney will be able to put your best possible foot forward in the court room during your trial. Having an excellent attorney on your side during this part of the proceedings is absolutely essential for a good outcome.
- Appealing the Case (If Necessary): If you did not get the outcome you wanted or anticipated from your case and want to appeal to try again, a business litigation attorney will be able to craft a compelling, persuasive appeal on your behalf.
In any business litigation matter, the best and most important thing you can do to help your case is to find an experienced, knowledgeable commercial litigation attorney. If you are in the Ann Arbor, Michigan area, Business Litigation Attorney Russel Brown is ready to help. Reach out to R.D. Brown PLC Attorneys & Counselors at Law at (734) 315-4497 to schedule an appointment today.
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