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Commercial Litigation Attorneys

If you own or manage a business, legal disputes can remove your focus from where it should be: the success of your company. By working with an attorney experienced in commercial and business litigation, you can ensure that your rights are protected as you keep your attention on maintaining a profitable, thriving venture.

Commercial litigation includes legal action regarding most transactions in which your business engages. Laws relating to commercial enterprises vary among states, and commercial litigation also can occur at the federal level. The Justice Department’s Commercial Litigation Branch initiates claims on behalf of the United States, and it also defends the U.S. government against claims brought by other parties.

Areas of Focus in Commercial Litigation

Just about any type of legal issue affecting your business can become the focus of commercial litigation, including:

In some cases, it’s possible to resolve disputes through alternative means, including mediation and negotiating settlements. While your commercial litigation attorney will work to achieve a successful outcome for you outside the courtroom, litigation sometimes stands as the only possible course for resolution.

Commercial Litigation Process

If you’re involved in commercial litigation, you and your attorney will initiate or answer a complaint through the courts. The complaint itself — and the likely outcomes for both the plaintiff and defendant in the case — can become the basis for mediation or negotiations of a possible settlement.

Should the case continue through the courts, the legal process includes the following steps:

  • A civil action is initiated through a complaint filed with the courts in the appropriate state or federal jurisdiction. At the federal level, a number of rules apply to how litigation is filed and moves through the courts, including rules for appellate and bankruptcy procedures, along with Federal Rules of Evidence.
  • The parties in the case meet to discuss possible settlements and to begin preparing for disclosure and discovery.
  • An early pretrial conference occurs.
  • The defendant may file various motions and answers.
  • The process of discovery progresses, with either party potentially filing motions.
  • The final pretrial conference is held.
  • The trial is held.
  • A judgment is rendered, signed and filed by the court.
  • In some cases, post-trial appeals may occur.
  • The court considers the appeal and hands down a judgment.
  • The judgment is enforced.

Avoiding Commercial Litigation

Becoming involved in commercial litigation can have a significant impact, especially on small businesses and their owners. Shepherding — or defending — a case through the court system can take a high toll in dollars and in time and energy that could be spent building and growing your business.

To avoid possible future litigation, consider working with a qualified attorney as you start your business and at any significant decision point — including hiring employees, purchasing or selling real estate, seeking funding, entering contracts and others.

Commercial litigation affecting small businesses often centers on three key areas:

  • Complaints by employees over workers’ compensation, discriminatory treatment and other human resources matters. In some cases, employees may file unwarranted claims hoping for a financial settlement.
  • Business-specific issues — such as intellectual property claims affecting technology and software companies or claims of structural problems against construction companies.
  • Complaints filed by dissatisfied or angry customers.

A qualified attorney can assist you with taking steps to avoid such complaints before they happen and before they require going to court. For example, by working with a business attorney to register trademarks, patents and copyrights in a timely fashion, many intellectual property claims can be averted.

In addition, your attorney can advise you on adequate insurance for your specific business, properly writing and executing contracts, and implementing hiring and promotion practices that minimize the risk of civil rights complaints by workers.

Work with an Experienced Commercial Litigation Attorney

Even when you take the proper precautions, commercial litigation may become necessary in the course of your business. To ensure that your interests are fully protected, work with attorneys who are experienced in all aspects of business law. Contact Gertler Law Group, LLC, to schedule a consultation.