A litigator, according to the Cambridge English Dictionary, is a licensed attorney who works with organizations or individuals involved in legal matters. These legal matters are typically initiated to be resolved in a court of law. Litigation lawyers represent either a defendant or a plaintiff in an ongoing lawsuit, which can be either civil or criminal in nature. We will explore business litigation lawyer and what they do in their law firm. But first, let’s define business litigation.
What is Business Litigation?
Business litigation law deals with non-criminal disputes arising from business and commercial transactions. Also, business litigation includes, for example, the following types of issues:
- Breach of contract
- Fraud disputes
- Breach of fiduciary duty
- Non-compete issues
- Intellectual property disputes
- Insurance coverage disputes
Business litigation law can occur in many different scenarios, involving a wide range of legal issues. Furthermore, litigation can occur in any industry. As a result, businesses and individuals who anticipate being involved in business litigation should seek the advice of a litigation lawyer who is knowledgeable about business law. The following is a summary of some common business litigation legal issues.
Breach of Contract: A Business Litigation Overview
Contracts and agreements are signed daily. As a result, it is unavoidable that breach of contract disputes will arise. Contracts should be well written to provide remedies in the event of a breach. When there is a breach of contract, the provisions regarding liability, mediation, arbitration, legal jurisdiction, and so on take precedence. However, not all contract disagreements are easily resolved.
Breach of contract claims are frequently just one of several claims asserted in a larger business dispute. This necessitates the use of litigation attorneys who have handled a wide range of business and commercial disputes.
In general, the following are the primary types of contract breaches:
- Anticipatory breach of contract
- A minor breach of contract
- Actual or fundamental breach of contract
- A material breach of contract
Fraud Disputes: A Business Litigation Law Overview
Business fraud occurs as a result of deception or misrepresentation, whether something is claimed or omitted. Furthermore, fraud can occur in various contexts, including business fraud, employee fraud, fraud in the purchase or sale of goods or services, and various other scenarios. Businesses would require a vast amount of legal knowledge to protect against potential fraud because fraud disputes can include aspects from various areas of law. On the other hand, attorneys with experience in handling general litigation disputes can assist businesses in developing customized proactive measures.
Business fraud litigation can result in monetary damages, injunctive relief, potential disgorgement, and damage to a company’s reputation. When fraud occurs, business owners should seek the advice of an experienced business attorney. Counsel with extensive business litigation law experience can investigate and identify issues early on, ensuring that the case is handled properly from the start. Additionally, injunctive or restraining order relief may be required to prevent further harm.
Breach of Fiduciary Duty: A Business Litigation Law Overview
Breach of fiduciary duty litigation typically begins with allegations that a person, frequently a professional, has violated a duty to others. A fiduciary duty is a high standard of care that necessitates loyalty. As a result, a fiduciary has a legal or ethical trust relationship. As a result, analyzing complex business disputes arising from a breach of fiduciary duty necessitates business acumen and business litigation experience.
According to Texas law, fiduciary duties can arise in a variety of contexts. As a result, claims for breach of fiduciary duty frequently include claims for fraud and other business torts. Such claims should be addressed as soon as possible with the assistance of litigation attorneys who have experience with fiduciary duty claims and a broad understanding of business litigation law.
Litigation frequently moves quickly, and immediate relief, such as temporary restraining orders, temporary or preliminary injunctions, expedited discovery, and other pre-judgment remedies, may be requested. To mitigate losses, businesses should seek counsel with experience and an understanding of the urgency and importance of such requests.
A business litigation lawyer who understands the complexities of fiduciary responsibilities can assist a company in avoiding disputes by:
- Review and structuring of internal corporate agreements
- Corporate governance consultation
- Implementation of specific fiduciary agreements
- Non-compete and non-disclosure agreements
Non-Compete Issues: A Business Litigation Law Overview
Non-compete litigation involves contracts in which employees agree not to compete with an employer for a set period. Also, non-compete litigation involving these contracts has recently increased. Furthermore, non-compete clauses can range from not soliciting business from a former employer’s customers to not disclosing confidential information.
Non-compete litigation frequently moves quickly and may include requests for immediate relief. Non-compete litigation presents its own set of challenges to a company. As a result, developing litigation strategies before non-compete litigation begins is critical.
IP Disputes: A Business Litigation Law Overview
Intellectual property disputes can involve many different types of intellectual property rights. Original creative expressions are protected by intellectual property rights. The following are the primary types of intellectual property:
- Trade dress
- Publicity rights
- Trade secrets
In a business litigation law overview, IP attorneys conduct a due diligence review of a business’s assets and intellectual property. Businesses are frequently unaware of valuable intellectual property rights that should be protected.
Insurance Coverage Disputes: A Business Litigation Law Overview
Insurance coverage disputes arise when a provider refuses to cover a claim due to non-coverage, breach, or misinterpretation of the policy.
There are numerous types of insurance and coverage available. The following is a sample of the types of insurance that businesses look for:
- No-fault/first-party coverage
- Business interruption
- Property loss
Businesses typically do not examine the language of a policy until an insurance coverage dispute arises. Disputes can arise as a result of different interpretations, ambiguity, burdens of proof, and a variety of other issues. As a result, when a coverage issue arises, business owners should seek advice from attorneys who have experience with complex contract negotiation and insurance coverage disputes.
Business Litigation Lawyer
A business litigation lawyer is a legal professional who uses their education and skills to manage large and small legal issues (primarily lawsuits) that any legal entity or business may face regularly.
A business litigation lawyer handles disputes that arise from a variety of business aspects. Litigation follows the same procedure regardless of the proximate cause (the direct cause) of the lawsuit. During the litigation process, opposing parties present motions, witnesses, evidence, and statements. It should be noted, however, that in a criminal case, the plaintiff is the government, not a private individual.
It is critical to emphasize that not every lawsuit is resolved within the prestigious walls of a courtroom; many are resolved during the pretrial process.
What is the Role of a Business Litigation Lawyer?
A business litigation lawyer may work directly for a larger law firm or as in-house counsel for a large corporation. Many experienced, high-quality litigation attorneys, on the other hand, work as self-employed consultants. This is because most businesses are not involved in legal action frequently enough to justify the salary of an in-house, full-time litigation counsel. On-staff litigation lawyers are common in certain industries, such as the behemoth insurance industry.
Professional Responsibilities of a Business Litigation Lawyer
One of a litigation lawyer’s responsibilities is to manage:
- Disputes that arise as a result of contract negotiations or interpretations.
- Conflicts arise as a result of a breach of contract.
- Business collaborations and interconnected commercial activities
- For public entities, disputes arise from shareholder concerns about managerial direction and control.
- Disputes arise as a result of dismissals from disgruntled employees who claim they were wrongfully fired, among other things.
A business litigation lawyer may choose to specialize further by focusing on business issues such as:
- Internal Revenue Service and business tax liabilities
- Legal issues concerning product liability class actions.
- Patent or intellectual property law.
Business litigation lawyers may encounter contentious issues during negotiations (or in the course of doing business) and, as a result, must be able to diffuse tensions and work calmly through what can be trying, challenging, and awkward situations.
Business litigators have courtroom experience and the legal confidence and communication skills required for effective courtroom representation. However, many business litigation lawyers have honed their writing skills to resolve legal issues before they ever enter a courtroom.
Fortunately, litigation attorneys are skilled and persuasive writers. These skills and abilities are frequently the primary reason that a litigation matter is resolved at a significantly lower cost. Furthermore, avoiding a courtroom reduces the emotional effort and stress that those involved in a lawsuit face.
Lawyers who practice litigation are responsible for:
- Creating a big picture of the situation to determine cause and responsibility — researching paperwork, facts, and the situation
- Identifying which experts, if any, will be needed during litigation
- Citing case law and precedent in support of or in opposition to the assertion.
- A slew of other important responsibilities
What Is the Benefit of a Business Litigation Lawyer?
An experienced business litigation lawyer can guide you through the complexities of your commercial dispute from start to finish. Miller Law is a national leader in business litigation and class-action lawsuits.
As previously stated, many business litigation issues are resolved during the pretrial stage, before the case is heard by a judge or jury. During this negotiation, a business litigation lawyer will provide guidance to assist the client (the business) in reaching a fair and equitable settlement. If the pretrial period ends without a settlement, a business litigation lawyer will be assigned to represent their client in a court of law on the matter at hand.
Frequently Asked Questions
What is the difference between commercial litigation and business litigation?
The regulations or statutes that govern each are a key distinction between business litigation and commercial litigation. Business litigation is characterized by federal and state regulations that cover various aspects of establishing and operating businesses.
Is litigation the same as lawsuit?
Contrary to popular belief, litigation is more than just a word for a “lawsuit” that has been filed. Litigation is a term used to describe legal proceedings between two parties following the filing of a lawsuit to enforce or defend a legal right through a Court-supervised process.
What is interesting commercial litigation?
Commercial litigation differs from most other civil lawsuits in that businesses are involved rather than just individuals, and the issues involved are highly specialized and typically more complex, both factually and legally.
How long does it take to litigate?
From start to finish, the time it takes to litigate a case can be as short as a few days or as long as several years. A case is started when a plaintiff (or plaintiffs) files a complaint in civil court against another party, usually claiming that the opposing party owes them money.