commercial litigation

Commercial litigation is in general any type of legal controversy related to business issues.

  • Breach of contract

  • Employment disputes

  • Business dissolutions

  • Interference with business relationships

  • Disputes over non-compete clauses

  • Civil RICO

  • Breach of fiduciary duty

  • Franchise issues

  • Shareholder issues

  • Partnership disputes

A breach of contract generally describes a breach of a legal obligation or a failure to do something that is required in a contract.

In most cases, the person filing the claim, known as the plaintiff, seeks damages measured by financial losses or possibly lost profits believed to have been caused by the defendant. Sometimes a plaintiff seeks something other than money such as an injunction or court order to require or prevent some action by a defendant. How much and whether a plaintiff will recover depends on many variables, including the nature of the loss and whether and how it can be measured, and many other factors, including whether a contract or statute limits or provides for a certain amount of damages or attorney’s fees. 

No. In some cases we are able to negotiate settlements with the other side after investigating the case but before a lawsuit is filed. However, many disputes don’t resolve until substantial pressure is applied by the filing of a lawsuit. Cases are often resolved through alternative dispute resolution processes such arbitration or mediation.

A judge may order the losing party to pay the costs of the lawsuit. These costs may include court filing fees, witness expenses and the costs of preparing exhibits. As a general rule, each party is responsible for paying his or her own attorney’s fees, with the following exceptions:

Parties may have agreed in a contract to pay the other party's attorneys’ fees in the event of litigation. The lawsuit may involve a statute that provides for payment of attorneys’ fees. Courts may award attorneys’ fees to one party, if it is found that the other party engaged in bad faith or frivolous litigation, or pursued legal theories that have no merit.