Many people know that litigation refers to the process of going to court to resolve an issue. Common litigation topics include one person suing another person for personal injury or destruction of personal property. However, many people are unsure of what the term “commercial litigation” means.
Simply put, commercial litigation involves a dispute that comes into existence in the context of businesses engaging in their everyday operations and activities. Commercial litigation addresses things from simple breach of contract cases all the way up to complex litigation over the (alleged) violation of federal employee protection statutes.
Another common area of commercial litigation involves the actions of a business’s officers, such as the CEO, CFO, and so on. Shareholders of a business—those individuals who have invested their money in the business and thus have a stake in its performance—frequently initiate litigation against the officers of their business when those officers have engaged in fraud, insider dealing, or other forms of malfeasance.
The object of commercial litigation can be a simple payout, or it can be something more complex, such as forcing a business to take a certain action. In the context of shareholder-brought suits, shareholders may sometimes seek to force officers to disgorge funds that the shareholders allege were obtained at the detriment of the business. They may also seek to force officers to resign, force a business to merge with another entity (or block such a merger), or engage in other proactive steps to address the wrong they feel is being perpetrated upon them. This is why you want an experienced attorney, like the ones here at Thomas Weiss & Associates, P.C. on your side.
Because commercial litigation frequently involves large entities with places of business in numerous states and countries, and because the cause of action for many forms of commercial litigation comes from federal statutes, a good portion of commercial litigation—although certainly not all of it—takes place in federal courts.
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