The Difference Between Business And Commercial Litigation

Business disputes may take many forms, and commercial litigation is the area of law that addresses them all. Cases of this kind include, but are not limited to, those involving claims of contract violation, partnership or joint business disputes, class actions, commercial torts, civil litigation, breach of fiduciary responsibility, and litigation between shareholders.

While there is often a clear plaintiff and a clear defendant in consumer litigation, in business-to-business disputes, both parties may have claims and defenses (think personal injury law where there is an apparent victim and defendant). This is because it is quite unusual for a contractual dispute to arise if neither party has some responsibility for the cause of the conflict (either justifiably or unjustifiably).

There is a great deal of flexibility in the locations where commercial lawsuits may be brought. Most commercial litigation stems from a breach of contract or breach of agreement, and the parties to such disputes may be heard in state court, federal court, private arbitration, or administrative proceedings.

Commercial litigators who succeed at either prosecuting or defending their clients' claims do so by carefully weighing the evidence and responding to their clients' needs. Judgment and the ability to make smart decisions under pressure are the two most valuable skills in business litigation. Bet-the-company situations need flawless decision making. Commercial litigation is complicated, so clients should choose lawyers who are well-versed in their field, have a firm grasp of their enterprise, and are available to meet with them in person or over the phone.

There will need to be a lot of conferences and calls to discuss the many issues that come up. In order to properly analyze a client's claims or defenses, it is necessary to get an in-depth understanding of the specifics of each case, industry, and dispute.