When you have a business-related dispute or legal issue, you need experienced attorneys to help you navigate the complexities of commercial litigation. Our team provides representation in both civil and criminal matters of business law. Whether we are in arbitration or fighting for our clients in state or federal courts, we strive to protect your business, your holdings, and your reputation.
Understanding Business Law and Commercial Litigation
Commercial litigation is a massive legal field that refers to nearly every type of dispute related to business law. While cases are frequently between two businesses, that’s not always the case. Many of the cases we work on include, but are not limited to:
Breach of Contract
When two parties have a written contract and one party doesn’t meet the terms within the parameters of the contract, the other party may be owed compensation.
Joint Venture Disputes
When two or more people or organizations come together with one goal while maintaining their individual identities, they enter a joint venture. An example would be Google and NASA working together to create Google Earth.
A joint venture dispute occurs when the parties can’t agree on conditions of the agreement, failures of cooperation, allegations of fund mishandling, or other issues. While some disputes are handled easily in a neutral arbitration, others require litigation in court.
Class Action Lawsuits
If there are numerous claims of injury or wrongdoing, a single individual or small group can bring a civil suit on behalf of a significantly larger group who have experienced similar negative effects. For example, class action lawsuits are brought against pharmaceutical companies when drugs cause adverse effects without proper warning.
Business Tort Claims
Business torts, also called “economic torts”, are damages against a business or organization’s intangible assets. This could be theft of intellectual property, damage to business relationships in which there is no contract, or fraudulent misrepresentation. While these often don’t fall under criminal wrongdoing, civil litigation often ensures due compensation.
Civil theft falls under tort law, though it still refers to intentionally taking the property of someone else. This claim is often filed when someone knowingly takes, receives, or controls something of value to another without authorization or through fraudulent misrepresentation.
Like other business tort claims, civil theft is not a criminal matter. When the defendant is found guilty, they are required to pay the plaintiff what is owed.
Civil RICO Claims
While most cases falling under the Racketeer Influenced and Corrupt Organizations (RICO) Act are criminal cases, there is a civil component to the law. If a private party claims that they experienced loss of income or damages because of the defendant’s criminal actions, litigation moves to federal court.
Breach of Fiduciary Duty
Fiduciary duty refers to an obligation in which someone in a trusted role must act in the best interest of the trustee. From a commercial litigation standpoint, it means a CEO has the obligation to be forthcoming with board members about information. An attorney has a fiduciary duty to act with good intentions and provide good counsel on his or her client’s behalf.
When someone acting in a fiduciary capacity knowingly ignores or actively chooses to act against his client’s best interest, the client or trustees can file suit against them.
Commercial Litigation Complexities
Commercial litigation requires in-depth knowledge of state, federal, and international law. Unlike most personal law cases, commercial law may involve multiple businesses/corporations, government agencies, and numerous administrative hearings before even moving to a courtroom.
These factors are what make it so important to choose a team of litigators who have experience and a proven track record of efficiency, knowledge, and aggression.
Contact Us for Commercial Litigation You Can Count On
If you find yourself in a legal dispute regarding your business, you need Strauch, Green, and Mistretta, P.C. on your side. Fill out our contact for or call our Raleigh office at (919) 278-7453 or our Winston-Salem office at (336) 725-8688 to schedule your consultation with an attorney. We proudly serve clients across North Carolina.