What is a commercial litigation attorney?
Website design By BotEap.comIn one of his most famous and tautological quotes, President Warring G. Harding once observed that “America’s business is business.” He was correct. No nation on earth has a stronger commitment to free enterprise than the United States. According to the Small Business Administration (SBA), there are almost 30 million small businesses in the US, which represents more than 99 percent of all business employers.
Website design By BotEap.comAlthough it is invariably corporations that make the headlines when they are accused of wrongdoing, most business-related lawsuits are brought against small businesses, as there are so many of them. This specialized area of practice is called commercial litigation in the legal profession. Lawsuits involving negligence, contract law, and class action lawsuits are the most common types of these cases.
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Website design By BotEap.comAlthough the law is supposed to be blind, companies of all sizes are often considered villains when accused of wrongdoing. Whether it’s food poisoning or a faulty airbag, a business must work fast to uphold the company’s good name. Failure to do so will almost inevitably result in an avalanche of bad press, almost certainly damaging the bottom line.
Website design By BotEap.comIn any civil case, the plaintiff is the plaintiff, while the litigant is the defendant, hence the term “business litigation.” These accusers can be anyone, including a current or former employee, client, client or former partner. The most sophisticated cases that trial attorneys handle are class action lawsuits.
Website design By BotEap.comAn attorney who specializes in class action lawsuits must defend his client against a group of whistleblowers that can include hundreds or even thousands of people. The outcome of these cases can alter the fortunes of any company, no matter how large. The Master Tobacco Settlement, for example, was settled in 1998 for $206 billion over 25 years.
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Website design By BotEap.comWhether it is a class action lawsuit, a contract, or a variety of negligence, most of these cases are resolved before reaching court. There are many reasons for this. First and most obviously, the members of the firm who may or may not be responsible for any wrongdoing do not want their names tarnished in the press. As a result, they are often willing to settle cases for which they may not have been responsible simply because it is cheaper and easier than going to trial. That said, a good commercial trial attorney must be a skilled mediator, as this is often how these cases are resolved.
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Website design By BotEap.comAs a general rule, attorneys must negotiate in arbitration or mediation hearings. The only difference between the two processes is that arbitration involves a legal judgment determined by an arbitration board, while mediation is simply an open negotiation between the two opposing parties.
Website design By BotEap.comSettlements made in mediation often involve disputes that the plaintiff believes were illegally terminated. Because wrongful termination cases are so common, they rarely make the newspapers or news, which is why they are often settled for a reasonable sum before reaching a judge.
Website design By BotEap.comIn any of the above situations, an experienced business attorney can mean the difference between a crippling lawsuit and a legal victory.