While its definition varies, most attorneys would agree that “business litigation” is a complex area of law which includes a variety of contractual and tort claims. Examples of such claims include but are not limited to: breach of contract, fraud, interference with contract, breach of fiduciary duty, infringement of intellectual property rights, and unfair competition. Often, when these types of business disputes arise, the parties are unable to resolve them through negotiation or arbitration proceedings. In these cases, litigation is pursued as a means to resolve the disputes.
Business litigation is not limited exclusively to businesses suing other businesses. In certain cases (such as copyright and trademark violations), individuals may assert claims against businesses and vice-versa.
Corporate litigation constitutes an important part of business litigation. Corporate disputes often arise as a result of a breach of fiduciary duty. For example, shareholders in a closely-held corporation may recover against a corporate director if he breaches his fiduciary obligations.
Commercial insurance litigation is another frequent source of business litigation. Often, these situations deal with contract litigation where an insurance company relies on a particular wording in the contract to avoid fully paying an otherwise legitimate claim.
Our attorneys have a broad range of experience involving Business Competition, Trade Secrets, Employment Law, Corporate Formation and Dissolution, Complex Construction and Real Estate Transactions.