What do commercial litigators do?

In today’s society information is easily accessible with the help of smartphones and social media platforms. This is beneficial for businesses with ease in promoting their brand and gaining a reputation amongst stakeholders. However, there are issues which come with this. There’s an increase in customers taking action against businesses and damaging brand reputation through social media. Business ideas are being copied with patents and trademarks being infringed by other businesses attempting to sell a similar concept.

Commercial litigation is the process of taking legal action with disputes or issues arising from a business context. Issues arising from a business can be somewhat broad, commercial litigators focus on the issues impacting the core of the business. It differs from corporate litigation which aims to solve shareholder disputes within a business amongst other problems. An example of commercial litigation would be handling infringements of copyright, trademarks or patents.

Commercial litigation lawyer are legal experts who represents a company’s interest in a financial dispute. The lawyer’s purpose is to protect the company’s right and obtain the best outcomes at the end of the process. Upon initial contact it is common practise for the lawyer to ask a number of questions in order to gain an understanding of the help required and what specific litigation area the issue covers. Normally relevant proof would be required to assist the case and help the lawyer decide whether it’s best to have a court lawsuit or out of court settlement. Either way, the lawyer will handle all the legal matters.

A few examples of commercial disputes which require a commercial litigator are:

– Breach of contracts
– Corporate disputes
– Fraud disputes
– Intellectual property disputes
– Debt collection
– Partnership or shareholder disputes
– Employment disputes
– Breach of fiduciary duty
– Tortious interference
– Product liability claims

It is not a requirement nor is it common practise for a commercial litigator to be a specialist in each of these areas. Therefore, it’s essential to choose a lawyer who specialises in your niche area you require assistance in.