Commercial litigation generally involves problems with money or property. This area of the law does not deal with business negotiation or structuring. On the contrary, it seeks solutions when businesses do not finish the way the parties involved expected them.
The solution to the business problem can be sough tin the state or federal court system, or through alternative dispute resolution mechanisms such as mediation and arbitration.
Work Related Disputes:
Commercial litigation includes certain types of disputes between employers and employees. Some examples of the actions included in this category are: disputes over the breach or absence of confidentiality or non-competition agreements, or disputes related to the alleged misappropriation of trade secrets by former employees.
Disputes between Shareholders or Partners:
There are many reasons that can lead to disputes related to the organization and operation of corporations and partnerships. Among the most common reasons are disagreements caused by the abuse of trust by an officer, director, partner or majority shareholder.
The abuse of trust may result in a shareholder or partner seeking dissolution of the business, accounting or damages. It could also result in a derivative action alleging the waste of corporate assets, misappropriation of corporate opportunities or claims that an officer of the corporation has breached its fiduciary obligations towards the corporation.
Similarly, a majority partner can be sued by minority partners for breach of fiduciary obligations. Minority partners may claim that the majority partner has not made the required disclosures, made excessive withdrawals or participated in competitive business with the company. Interference with Commercial Relations: Whenever a person intentionally interferes with another person’s potential business relationship, impeding or impeding the fulfillment of an agreement, an action may be brought against the party that interferes with the commercial relationship of others.
Antitrust Violations:Disputes in this category deal with issues such as the monopolization of an industry, price discrimination, binding agreements, conspiracies to set prices and any other anti-competitive agreement that may affect free competition and may harm consumers.
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