LAW

10 Frequently Asked Questions About Commercial Litigation Answered

One of the secrets of running a successful organization is effective communication. However, no matter what you do, there are some disputes that you cannot avoid. At times, there are disputes that run beyond the boundaries of your organization.

In such cases, you need a commercial litigation lawyer. These lawyers can help you prevent liabilities and solve the case. If you wish to learn more about commercial litigation, below are some of the most asked questions about the same answered. 

What Are Commercial Litigation and Its Types?

Commercial litigations are carried out either by a business entity or an individual who has incurred losses due to disputes. There are several types of disputes relating to business law that are covered under commercial litigation. Below are some of the most common commercial litigation disputes:

  • Intellectual property disputes
  • Construction disputes
  • Breach of contract cases
  • Real estate, land use, and lease disputes
  • Employment disputes
  • Insurance disputes
  • Partnership or shareholder disputes
  • Product liability cases or other personal injury claims

Can I Sue a Financial Advisor?

Yes, you can sue a financial advisor only if they are liable for your losses. Thus, you will have to prove that the losses incurred by your firm have been due to the fraud or negligence shown by your financial advisor. Before you start with pressing charges, it is essential you asked yourself these questions:

  • Did you make any investment due to the faux information provided by your advisor?
  • Did you lose more money than you anticipated to lose?
  • Have you experienced money missing from your account?
  • Have you found transactions that you don’t remember making or are doubtful of?

What Does a Complex Business Dispute Refer to?

There are two instances in which a business dispute is labeled as complex. Below are both of these instances:

  • The dispute involves too many parties. A dispute between two parties only creates enough hassle for the parties involved. If there are more than two parties, the factors determining the solution also increase. Therefore, having a multiple-party dispute is a complex dispute.
  • Any dispute that involves many avenues that are dealing with it is also labeled as a complex dispute. These avenues may be state and federal courts.

Why Hire a Commercial Litigation Lawyer

Commercial litigation solicitors are an essential part of pressing charges for disputes. Below are the reasons why you should hire one for your case/claim:

  • If you have a commercial litigation lawyer by your side, your case will go way smoother than usual. These lawyers will take care of the case for you and help you understand how the legal system works.
  • Commercial litigation lawyers are experienced, and thus, you will be provided with advice that works for your interest. The lawyer will also help you avoid mistakes commonly made by individuals and firms.
  • Hiring a lawyer may increase your chances of winning the case. If not win, you will definitely be able to reduce the liabilities or the consequences of the case.

What Is a Non-Compete Clause?

A non-compete clause is employed by organizations to bar their employees from working with the competitors in the future or entering into a similar profession. Most firms restrict the employee with a non-compete clause to prevent sharing of confidential data.

Non-compete clauses are quite common as most firms want to prevent the secrets of their success. Moreover, they are presented to the employee before they agree to be a part of some institution. If you have agreed to the clause, breaching it in the future will subject you to legal complications.

Can I Sue for a Verbal Contract?

Yes, you can sue for a verbal contract when it has been breached. However, to do so, you will have to prove that the verbal contract was supposed to be binding. Below is all that you will need to prove:

  • An offer was made.
  • The offer was agreed to by both parties.
  • The other party was informed of the agreement formed.
  • An exchange of services or anything of value took place between the parties.

Once you have proved all the things mentioned above, you can sue the verbal contractor. Also, the contract should always be legal; it should not include any illegal activities.

Can I Sue Another Business?

If another business is interfering with your business, then you can sue them. However, you will have to prove that the interference has been deliberate and has had a negative effect on your business. 

If you have proved your claim, you will be compensated for your mental distress or any other damage. Aside from this, you can also sue another business for plagiarising your products or any other element of your business. It is recommended that you ask your commercial litigation about the future of your claim before pressing charges.

Can an Ex-Employer Sue Me?

Yes, an ex-employer can sue you only if you have breached a non-compete clause. It may be that you are working with your ex-employer’s competitor, or you may have breached any other signed contract. 

If you have never signed any such clause, your ex-employer cannot press any charges on you. However, if you believe your actions are not against the clause, you can go to court. In the end, the court will give the ultimate judgment.

Can I Avoid Litigation?

It is quite normal for you to want to avoid litigation as it is an extensive and expensive process. There are alternatives to litigation known as alternative dispute resolution. One of the most common ways to avoid litigation is arbitration.

An arbitration revolves around a neutral party that hears the sides of both parties. After that, the neutral party makes a decision that can be both binding and non-binding. Arbitration is not the only option; you can also go for meditation which also includes a neutral party.

That was all! Now you know everything there is to commercial litigation. Most businesses usually have their own commercial litigation lawyers. If you don’t, it is recommended you hire someone as businesses often have to go through disputes.

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