Commercial or business litigation covers basically any type of dispute that can emerge in the context of a business or between businesses. Commercial or business cases include disputes within a business, disputes with other businesses, disputes with customers or clients, and disputes with individuals. Business or commercial actions arise from a wide variety of situations, such as a breach of contract, violation of the governing documents of a business (LLC agreement, bylaws, partnership agreement, joint venture agreement), business torts, breach of fiduciary duties, or actions by employees or agents of the business.
In business-to-business litigation, both sides often have claims and defenses against the other party, which differs from consumer litigation where there is typically a clear plaintiff and a clear defendant. The easiest example of consumer litigation is personal injury actions where there is a “victim” plaintiff and a “perpetrator” defendant. The reason for the cross-claims and defenses in business and commercial litigation is because most contractual disputes arise with both parties playing some role in the resulting disagreement.
To successfully handle commercial litigation, you need counsel to dispassionately evaluate the merits of a dispute, listen to the outcome desired, and determine how best to prosecute or defend those claims. Another important concept to understand with many commercial disputes is the ability of the parties and their counsel to “create the facts.” Picture again the consumer (personal injury) litigation. The case is about re-creating the scene of an accident or injury. The facts are already set because the situation occurred in the past. It is the job of counsel for the parties to present those facts in the light most favorable to their clients. On the other hand, in commercial litigation the parties can often spot a problem coming in advance. This gives the parties the opportunity to take actions (or refrain from taking actions) which can change the course of the eventual litigation or “create” their own set of facts for the forthcoming or likely litigation
Because of commercial litigation’s complexity, sound judgment and strategic decision making are critical. Further, commercial litigation also may arise in a wide variety of forums, including state court, federal court, or private arbitration. When your “bet-the-company” case arises, making a mistake in judgment is not an option.
Often a business and its owners take a “wait-and-see approach” to legal disputes – typically trying avoid what they perceive as expensive fees to lawyers. Other business owners make decisions based on fear of litigation (or simply threatened litigation). But with business litigation and disputes, the old adage that “an ounce of prevention is worth a pound of cure” holds true. Instead of passively waiting to see what happens, the best first step in handling disputes or potential disputes is to engage counsel to help provide advice regarding the situation. Experienced counsel can provide your business with immediate advice and counsel, built on years of experience handling similar (or identical) situations.
Getting caught up in a complicated legal dispute can put your business dealings on hold and jeopardize the success and future of your business. Protecting the company you worked tirelessly to build means taking the right steps when you are faced with a dispute, starting with your representation. With Clark Law Firm, you will have an advocate on your side who will creatively look at all sides of the issue. The firm provides a “solution-minded” approach which, in business and commercial disputes, typically yields a better outcome than a one-sided, purely adversarial approach.
As a part of the firm’s representation, John W. Clark IV taps into his wealth of experience and, if needed, can and will aggressively litigate on your behalf to obtain an optimal outcome. You can entrust Clark Law Firm to represent you in various business and commercial litigation matters, such as:
Internal Ownership disputes
Non-Competition Contract Disputes
Restrictive Covenant Breaches and Violations
Disputes with suppliers and vendors
Client or customer disputes
Contract Disputes and Litigation
If your business in Birmingham, Alabama or anywhere in the State of Alabama or the Florida panhandle needs reliable legal guidance and support through a litigation issue, look no further than Clark Law Firm PC. With their experience on your side, your case is in good hands.
Some of the recent cases handled by Clark Law Firm PC include:
Obtained directed verdict, in which the judge ruled for Clark Law Firm's client as a matter of law, for robotics manufacturer in a jury trial
Assisted client in recovering payment for the wrongful sale of secured collateral by an auctioneer
Settled a dispute regarding a fraudulent investment scheme
Reached settlement for insulation company regarding breach of contract for the creation of an insulation-blowing truck
Represented various businesses and owners in disputes/negotiations with lenders
Don't wait to reach out for legal assistance from an experienced commercial litigation attorney. Birmingham-based Clark Law Firm is prepared to help you today.