“Commercial litigation” is a general term that refers to legal disputes involving a business. Commercial litigation can involve a wide variety of claims, processes, and resolutions and there is no one-size-fits-all approach to commercial litigation cases. Instead, each case should be closely evaluated and handled based on its specific circumstances and by a New Jersey commercial litigation lawyer with specific experience handling that type of case.
The following are some brief explanations of common types of commercial litigation:
Breach of contract – Every business will likely enter into some type of contract and some do so on a daily basis. With every contract comes the opportunity that the other party will not meet their obligations or that the other party will accuse your company of not meeting its obligations. A breach of contract case can be initiated to enforce the contract or sometimes to recover damages.
Partnership/owner disputes – When a business has more than one owner, it is inevitable that they will disagree about certain aspects of the business at some point. While partnership agreements can help to govern these disputes, sometimes they can escalate to one owner taking legal action against the other.
Class action – If your company sells a product that was found to have a defect, consumers who were injured by the defective product may file a claim for damages against the business. In cases of widespread defects, injured consumers may join together and file a single class action lawsuit to seek recovery all at the same time. Class action cases have special procedures and can be very complex.
Breach of fiduciary duty – Certain individuals in positions of power in a company owe the company and its shareholders a fiduciary duty. If they engage in self-dealing, are not loyal to the company, act in bad faith, or commit fraud, they can face a claim that they breached this fiduciary duty.
Employment claims – If a business has even one employee, there is the potential for an employment dispute. There are numerous employment laws that address wage and hour rules workplace health and safety, anti-discrimination and harassment, family and medical leave, workers compensation, and more. If an employee believes their rights have been violated, they can initiate a legal action against your company.
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The above are only some examples of types of commercial cases handled by our team at the law office of Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C. If you believe you have any type of business dispute, please call a New Jersey commercial attorney at our office for more information today.