Commercial litigation involves defending companies against accusations of wrongdoing, including class action lawsuits, contract disputes, and consumer claims. Attorneys must also be skilled in mediation and arbitration. Business malpractice and intellectual property rights are also common issues.
Commercial litigation is a specialization of law involved in defending companies accused of some type of wrongdoing. Litigation is the claim for damages decided by a judicial proceeding. A litigant is the accused, while the complainant is the accuser. In commercial litigation, the defense attorney represents a company in a class action, contract law, negligence or other type of lawsuit. Consumers, employees or other businesses can file a lawsuit or court case against a company.
Commercial class action litigation means that there is more than one complainant bringing a lawsuit. Any type of dispute can be a class action case. A litigation attorney may specialize in handling class action lawsuits. You represent the company and its rights against a group of complainants in a court case.
Business litigation attorneys must also be qualified in mediation as an alternative dispute resolution to a judicial process. In business mediation, attorneys for both the litigant and the complainant work with a neutral party, or middle ground, to settle or settle the dispute out of court. Mediation differs from commercial arbitration in that an arbitrator issues a legal judgment after hearing both parties to the dispute. Settlements concluded through mediation are common dispute resolutions in cases where former employees of a company claim they were unfairly fired from the company.
Contract disputes are a common type of commercial litigation. Commercial contracts are legally binding agreements, but the exact meaning of the wording written in a contract is often open to interpretation. If a complainant files a lawsuit against a company for breach of contract, the company is accused of not following through on what it has agreed to in the terms of the contract. In this type of contract dispute, the defense attorney defends and represents the company’s actions in the context of the contract agreement.
Business malpractice issues usually apply to businesses and individuals in the medical field. Medical malpractice defense attorneys represent the defendant in matters such as claims for surgical errors or malpractice. Professional malpractice litigation applies to many different types of businesses, from legal to real estate to therapy.
Consumer litigation involves claims that the companies acted illegally. This could relate to warranties or claims relating to defective equipment. Individuals or companies can file a lawsuit against a company regarding intellectual property rights or trademark infringement. For example, if a complainant claims that an automaker stole his invention for a type of engine, a commercial litigation attorney will represent the company’s rights and liabilities during the court process.
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