Commercial Litigation FAQs

Q. What is Commercial Litigation?

Commercial litigation is a catch-all phrase that includes many types of commercial and business disputes.

Types of matters include, but are not limited to:

  • Breaches of contract
  • Breaches of fiduciary duties
  • Employer/employee disputes
  • Tortious interference with contracts
  • Fraud and deceptive trade practices
  • Corporate dissolution disputes
  • Securities Law Violations
  • Antitrust and Trade regulation
  • Misuse of intellectual property

Q. How long will a lawsuit take?

A. The time between filing a lawsuit and resolving the suit varies significantly based of the type of lawsuit, the willingness of the parties to cooperate, the complexity of the issues and the court's schedule.

Q. Who will decide my case?

A. In many cases, a jury will decide commercial disputes. The parties, however, may decide to waive the jury and have a judge decide the case. You may also elect mediation and arbitration as alternatives to litigation.

Q. Should I settle my case?

A. Trials can be very time consuming and expensive. Although courts often encourage settlement, parties are not required to reach an agreement without going through trial. Whether you should settle your case before trial depends on a variety of factors including the strength of your case, the complexity of your issues and the willingness of each party to resolve the matter.

Q. How do I pay for commercial litigation?

A. Fee arrangements for commercial litigation cases are determined on a case-by-case basis. Several factors are taken in consideration in determining the fee structure of each case, including its complexity and a business' ability to pay. Cases may be billed hourly, on a contingent fee, or on a modified percentage basis. In certain circumstances, the court may order a losing party to pay the costs of the lawsuit. Some lawsuits also involve statutes that provide for payment of attorneys fees. Courts may also award attorneys fees to a party if it is determined that they other party engaged in bad faith or frivolous litigation.

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