When you own a business, you may encounter various forms of disputes. Legal conflicts can impact your business interests and professional reputation.
It is important to know the types of disputes that fall under commercial litigation. Understanding the different conflicts can help you navigate these legal challenges.
Types of disputes in commercial litigation
Commercial litigation is a broad field that encompasses various business disputes. Some common types of cases include:
- Contract disputes: Disagreements over payment terms, delivery schedules or the quality of goods and services
- Partnership disputes: Clashes over the company’s direction, the distribution of profits or each partner’s responsibilities
- Intellectual property disputes: Issues related to patents, trademarks, copyrights and trade secrets
- Employment disputes: Conflicts with employees, such as wrongful termination, discrimination or disagreements over wages and benefits
- Real estate disputes: Disagreements over commercial property, including disputes over leases, property boundaries or issues related to property development
Each problem has unique complexities you must understand to safeguard your interests.
What to expect in a commercial litigation process
The legal process typically begins with one party filing a formal complaint. This complaint outlines the dispute and the desired outcome. The opposing party receives a copy and must respond within a specified time frame. Next, both parties enter a discovery phase. They gather evidence to support their claims, exchanging documents, depositions and interrogatories. The evidence collected during this stage affects your case’s outcome.
Pre-trial motions and hearings can resolve specific issues. Either party may file motions to dismiss the case or to compel the other party to provide particular evidence. If the disagreement does not settle out of court, it goes to trial. At the trial, both sides give their reasons and proof. Then, a judge or jury reviews the facts and makes a decision. After the trial, the losing party can appeal the outcome or ask for a new trial. These requests can extend the litigation process and may involve more court proceedings.
Commercial litigation can be complex and time-consuming. Understanding the kinds of disputes enables strategic planning. Knowing the legal process allows for practical handling. Both of these steps help shield your business from legal and reputational harm.
Contact the team at Zarco Einhorn Salkowski for a free consultation to discuss your case. We can help you explore your options and navigate these challenging situations.
