When business disputes arise, sometimes the parties involved have no option but to pursue legal recourse. Commercial litigation involves virtually any type of dispute that may occur in a business context, including (but not limited to) business torts, breaches of fiduciary duty allegations, shareholder issues, class actions, contract cases, and joint venture disputes.
Commercial disputes between businesses are complex and daunting to navigate. Regardless of the type of dispute, the stakes are high. For this reason, companies look to reduce their risk proactively. When commercial litigation matters arise, the goal is to bring them to a close in a timely, cost-effective, and efficient manner. In achieving this goal, resources and experience are paramount. A seasoned Miami commercial litigator can help with such business-related litigation between two or more parties.
The commercial litigators at Ratzan Weissman & Boldt in Miami are ready to represent your business in all stages of domestic or international commercial litigation. From the onset of a dispute to trials and judgment, you can count on our legal team to ensure you are equipped with the resources, knowledge, and experience to reach a prompt and favorable resolution.
So, what exactly does commercial litigation entail? Continue reading and check out our explanation of the ins and outs of commercial litigation and the main differences between civil and commercial litigation.
What Is Commercial Litigation?
Commercial litigation, also called business litigation, is a branch of law that handles various business disputes. Contractual disputes, disagreements over partnerships and joint ventures, class actions, business torts, breaches of fiduciary duty, and shareholder-to-shareholder disputes are a few examples of this type of litigation.
For disputes between businesses, both parties often bring arguments to the table regarding their disagreements. Since contracts and agreements are the primary sources of commercial litigation, the parties may appear before state or federal courts, private arbitrators, or administrative tribunals. Keep in mind that commercial litigation can also take place anywhere.
What's the Difference Between Commercial and Civil Litigation?
The primary distinction between civil and commercial litigation is that while businesses or corporations file suit in commercial litigation, individuals fule suit in civil litigation to enforce their legal rights and demand compensation from defendants. Because more parties are involved, commercial litigation cases are more challenging than simple lawsuits.
Below are the main distinctions between the two concepts.
Civil litigation is a legal dispute between two parties. These are typically court cases where parties try to extract settlements from others. They often involve workplace-related events, such as accidents that result in injuries, but they can also be divorces or disputes over real estate.
Unlike commercial litigation, these cases are typically relatively simple to resolve as an individual, not a company representative, is typically in charge. Civil litigation cases usually cost less than commercial litigation cases since they generally don't require as extensive investigation.
On the other hand, commercial litigation refers to a dispute involving two or more businesses. Due to the significant stakes on both sides, these cases are typically more complicated than civil litigation. Commercial litigation takes a long time since involved parties need to work out every little detail before making clear, fact-based decisions.
Business parties favor commercial litigation because they know they will receive a thorough analysis of what transpired and have a greater chance of success. They usually hire a commercial litigation lawyer to represent them in the proceedings.
The most frequent types of commercial litigation at Ratzan Weissman & Boldt are actions for breach of contract, business torts, class action lawsuits, and intellectual property. When you require assistance with commercial litigation, our law firm will provide you with the superior commercial litigation services you need.
Common Types of Commercial Disputes
A commercial dispute is any disagreement between two business entities.
This straightforward definition doesn't demonstrate how complex and challenging business disputes can be. Commercial disputes can arise for various reasons and may be simple or difficult to resolve.
Here are some common types of commercial disputes that our commercial litigation attorneys can help you resolve.
Intellectual property includes invisible and intangible creations. Many businesses depend on intellectual property rights for financial success. As a result, intellectual property theft is often a cause of conflict in the business world. Intellectual property can be violated through patents, trademarks, trade secrets, and copyright infringement.
Breach of Contract
Contracts are essential in business transactions. Contract violations are a significant reason for many business disputes.
A contract breach occurs when one party disregards the terms of a written agreement. The seriousness of the violation determines the terms of resolving the dispute. Compensation damages, liquidated damages, specific performance, and contract cancellation are all examples of contractual remedies.
Class Action Lawsuits
A class action lawsuit refers to a civil case brought on behalf of several individuals or companies who have all been harmed by the actions of a business.
Typically, the group selects one individual or entity to represent the other parties involved in the lawsuit. The stakes are the same for everyone in the class, although the issues in a class action may differ.
A business files a tort lawsuit to recover lost funds due to another company's negligence. Such cases must involve financial losses for the plaintiff. Businesses may also sue if they anticipate future financial losses as a result of negligence.
Other grounds for business tort litigation include reputational damage and lost relationships.
Ratzan Weissman & Boldt attorneys thoroughly understand business tort laws in Florida and always strive to resolve business tort cases as quickly and favorably as possible.
Contact Us About Your Commercial Litigation Claim
It's nearly impossible to avoid business disputes in the modern business world. You can start a commercial litigation case if you need to resolve the dispute in court.
Alternative Dispute Resolution (ADR) is another option for settling your business dispute early on or at any point throughout the process. You can reach a private, binding agreement on your case through negotiation, mediation, or arbitration rather than going to court.
Enlisting legal counsel in a high-stakes business dispute reduces risks and increases your likelihood of success. That's why you need the assistance of a reputable commercial litigation law firm. At Ratzan Weissman & Boldt, our knowledgeable commercial litigation lawyers assist clients in negotiating and navigating the legal system to achieve their desired outcomes. We offer quality commercial litigation services in a cost-effective and timely way.