Commercial Litigation Cases

Businesses rely on one another to act honorably and responsibly when conducting transactions that could have serious implications for the bottom lines of all involved. When the other side fails to uphold their end, it can have drastic consequences not just on your business, but on the personal lives and financial security of everyone involved.

Oshman & Mirisola have litigated commercial grievances for more than 35 years, aggressively fighting for our clients’ rights in business disputes. If you believe your current situation may require a commercial litigation attorney, contact our legal team at (800) 400-8182 or fill out the form on this page to schedule a free evaluation of your case.

There’s no obligation involved. Our attorneys are simply here to help you determine if a commercial litigation case is the best option.

What Is Commercial Litigation?

When business transactions turn into disputes over things such as finances, product liability, antitrust issues, insurance and many others, the parties involved may seek compensation through commercial litigation.

These parties will typically hire an attorney to represent them and seek to settle the dispute or come to an agreement. The commercial litigation attorneys at Oshman & Mirisola handle every aspect of your lawsuit, and we know how to pursue maximum damages, whether after a jury trial or through a settlement that protects your best interests.

Business Activity Laws

Commercial transactions are managed by the Uniform Commercial Code (UCC), a collection of business laws that regulate most significant commercial activities. In order to properly represent a client, a commercial litigation attorney must have a high degree of knowledge about the UCC and all of its individual articles. These articles cover the spectrum of relatable issues and include litigation over:

  • General provisions
  • Sale of goods
  • Leases
  • Documents of title
  • Letters of credit
  • Bank deposits or collections
  • Investments
  • Fund transfers
  • Negotiable instruments
  • Bulk sales
  • Secured transactions

The UCC’s uniformity throughout the 50 states is designed to make business activities consistent and encourage practice in good faith. Unfortunately, some businesses choose to act unlawfully and force those they do business with to take legal action.

The commercial law firm representing your business should have experience in all aspects of the UCC, as well as knowledge of how other federal laws regulating areas like bankruptcy, debt collection and banking can affect your case.

Resolving Commercial Disputes

As mentioned, two disputing parties may seek representation from commercial litigation lawyers to resolve matters involving money or property.

A commercial litigation attorney will file your lawsuit, and then seek to resolve the dispute through a settlement favorable to your business. If a settlement is not possible, the case will be taken to court and your lawyer will pursue a verdict awarding you the maximum damages in restitution for your financial loss, court fees and other expenses.

Following are the areas of contention a commercial law case may cover:

  • Debt collection in the form of mortgages, deeds of trust, promissory notes or guaranteed agreements
  • Antitrust violations and trade actions
  • Contract disputes, including breaches of merger and acquisition, purchase and sale of security, real estate or other business transactions, and agreement to provide goods or services
  • Franchise disputes
  • Intellectual property disputes, including patents, copyrights, trademarks, trade secrets and service marks
  • Non-compete agreement disputes
  • Corporal management and control disputes
  • Shareholder and partnership disputes
  • Fiduciary duty breaches
  • Stockholder disputes
  • Uniform Commercial Code (UCC) disputes

Your attorney will always act in your best interests at all times.

Alternative Dispute Resolution

Often times, opposing parties will seek to have their issues resolved by Alternative Dispute Resolution (ADR). These methods are typically more efficient and less expensive than taking the matter to court. Your commercial litigation lawyer can attempt to settle your case through one of the following avenues:

  • Structured mediation
  • Facilitated mediation
  • High-low agreements
  • Employment dispute resolution
  • Mini-trials
  • Sponsored and non-sponsored arbitration
  • Early neutral evaluation
  • Confidential listener services
  • “Baseball” agreements

If these fail to reach an acceptable conclusion, your attorney will take your case to court.

With over 35 years of experience in commercial law, our legal team knows exactly how to build your case and fight for the justice and compensation your company deserves. Call us now at (800) 400-8182 or fill out the form on this page to schedule a free, no-obligation consultation.

Commercial Litigation FAQ

What is arbitration?

When a commercial litigation case is arbitrated, it is referred by both parties to one or more persons who listen to the evidence presented by both sides and make a decision on the outcome of the case. The parties agree beforehand whether the arbitration is binding or non-binding, and the method is usually less expensive than taking the case to court as a result of limited discovery and less formal proceedings.

What is the difference between mediation and arbitration?

Mediation is performed by an independent third party who attempts to facilitate a mutual agreement between the two disputing parties. Arbitration is also done by an independent third party; however, an arbiter’s job is to hear the evidence involved and make a lone decision on the outcome of the case, which may or may not be binding depending on the agreement the disputing parties came to before the arbitration began.

What entails a breach of contract?

When one party fails to maintain the terms of a contract without a legally exonerating excuse, a breach of contract has occurred. The contract terms of duty should be specified in written form.

How does commercial litigation begin?

Litigation usually begins once both parties have exhausted other forms of ADR. Like most court cases, the plaintiff will authorize their commercial law firm to file a lawsuit clearly stating the allegations against the defendant, which will set into motion a series of summons and counter-complaints that may ultimately lead to court.

What does the commercial litigation process look like?

When all initial proceedings are taken care of, both parties will exchange information relevant to their case, and in some situations testify in front of counsel. In-court conferences will determine if the case can be settled or if it needs to go to jury trial, where the court will review all of the documents and information the parties provided each other in the pre-court proceedings.

Who decides a commercial litigation case?

The disputing parties typically choose between a jury and a judge to hear their testimony and make a decision on the outcome of the case. An arbitrator may also be used to determine a commercial litigation case. Each separate decision-maker may provide certain strategic advantages to one or both sides that influence their choice.

Can I appeal the results of my case?

Rulings may be appealed, but in most cases the court will re-examine only the specific commercial laws surrounding the dispute. Further evaluation of the facts of the case, or the decision’s reasoning, will likely not be re-examined.  A successful appeal will grant you a new trial, but does not guarantee a new decision.

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