Be Informed.

Unfortunately, business disputes are extremely common in the United States. Regardless of the underlying issue in the dispute, most Plaintiffs are ultimately seeking monetary damages in the lawsuit. If you are contemplating filing a lawsuit against a company, and are planning to ask for monetary damages, you are undoubtedly hoping that the company has sufficient assets to pay the judgment should you be victorious. What happens though if the company does not have sufficient assets? Can you also sue the individual who owns the company? The answer is somewhat complicated.

If you are a small business owner, or own an interest in a larger enterprise, you will likely be involved in litigation at some point. It is very rare for a business owner to remain in business for long without facing some type of legal dispute. The longer you are in business, the better the odds that you will be named as a party to some type of commercial litigation.

Throughout your lifetime, you will likely enter into hundreds of contacts, both personal and professional. Some are relatively simple and of little importance while others are complex and control major purchases or significant business agreements. There is also a very good likelihood that you will end up in a dispute over one of these contracts at some point in your life – particularly if you are a business owner. Knowing that a contract could become the basis of a dispute is an excellent reason to insist that the contract be in writing. Why is it so important though to have a written contract when there is a contract dispute? 

The job of a business litigation attorney is to provide advocacy and representation for someone who is suing or who is being sued in connection with business law matters.  Many cases end up settling outside of court because an attorney is able to help the disputing parties reach a negotiated settlement.  Mediation or arbitration are also possible methods of resolving business disputes. However, even if you hope to resolve your case through a negotiated settlement or alternative dispute resolution, you still need a business litigation attorney.

Small disputes can arise in many circumstances in the commercial world. Whether the dispute is a disagreement between shareholders and partners, a breach of contract claim, an employment dispute, or any other source of conflict, the issue needs to be resolved quickly for the sake of all involved businesses. Allowing a dispute to linger on for a long period of time can create confusion and uncertainty, which undermines normal operations and affects the ability of the involved businesses to thrive and grow.

Because contracts are so pervasive and because contracts set the terms for almost all business and professional relationships, the way in which a dispute affects your organization is going to vary based on many factors. The type of contractual agreement is going to make a difference in how a dispute affects your business, as well the identities of the involved parties.  The type of disagreement can also matter as well.  A dispute over contract interpretation or over the meaning of a contractual agreement must be handled differently than conflict over whether the contract is valid at all and must be handled differently than allegations a breach has occurred.

Many people mistakenly believe that when a dispute or a disagreement arises within the business world, it is always going to end up with a lawsuit.  In fact, even when disagreements are serious, there are often ways to avoid having to resort to litigation. Going to court can be the best choice, but it can also be expensive and acrimonious and destroy important business relationships you want to preserve.  You need to consider other solutions as well.

If you are accused of breaching a contract, you could be sued in civil court. The plaintiff who files the lawsuit could seek actual damages, which are equal to the total losses resulting from the breach.  The plaintiff could also seek liquidated damages if there is a liquidated damages clause in the contract, or could seek specific performance so the court compels you to follow through on your obligations under the agreement.

Commercial litigation attorneys provide representation to companies when disputes arise under commercial or business law. If you are sued, or if you need to use the court system to assert your rights and make a claim for damages, an attorney can help you to navigate the civil justice system.

In today's world, and especially in business litigation, much of the evidence that is relevant in business litigation cases is in the form of documents. This could include emails, written memorandums, corporate records, accounting records, and a host of other paperwork that is generated during the course of doing business. All of the different documents that are produced that are related to the subject of the litigation could potentially have relevant information that is helpful to plaintiffs or to defendants who are trying to make their case.

An appeal is a request that a higher court review the decisions made by a lower court. Everyone who is involved in civil litigation as a plaintiff or as a defendant can appeal when an unfavorable decision is made. This is true in breach of contract claims, injury claims, intellectual property disputes, and all other types of commercial litigation.