What is Commercial Litigation?
Why Should I Hire a Commercial Litigation Attorney?
What does a Commercial Litigation case involve?
What is a Contract?
What is a Breach of Contract?
How are Defamation of Character, Slander and Libel different?
What are Employment Disputes?
What is a Non-Compete Clause?
What is Commercial Litigation?
Commercial litigation is a broad term that refers to any legal action involving a business, such as a lawsuit. This can include conflicts with competitors, customers, or within the business itself. Some areas covered by commercial litigation include but are not limited to:
- Breach of Contract
- Collections
- Membership and Partner Disputes
- Business Dissolutions
- Ownership Rights
- Defamation of Character, Slander, and Libel
- Employment Disputes
Why Should I Hire a Commercial Litigation Attorney?
Commercial litigation is complicated and covers a wide range of legal matters. An experienced attorney can defend your rights and help you resolve your dispute in a timely, cost-effective manner so that your business can continue running smoothly.
What does a Commercial Litigation Case Involve?
This varies from case to case, but generally speaking a commercial litigation case follows the outline of a typical lawsuit: hiring an attorney, investigation, research, settlement negotiations, trial, and appeal if necessary.
What is a Contract?
While they can come in many forms, a contract is basically a legally binding promise between two parties. A contract usually puts one or both of the parties under legal obligation to do or not do something.
What is a Breach of Contract?
A breach of contract is a failure to complete the terms of a contract, or an interference with the completion of the terms of a contract. There are several different types of contract breaches:
- A Partial Breach: Also called an Immaterial Breach, this is a minor breach of the contract that does not prevent the overall contract terms from being met. The aggrieved party can sue for whatever difference results from the minor breach.
- A Material Breach: Also called a Fundamental Breach, this is a major breach that ruins the overall value of the contract. The aggrieved party can sue for damages and may be released from their own contract obligations.
- An Anticipatory Breach: This occurs when one party makes it clear to the other party that they are unwilling or unable to complete their contract obligations. The aggrieved party can end the contract and possibly sue for damages.
How are Defamation of Character, Slander and Libel Different?
Defamation of Character occurs when one party knowingly makes false statements about another party that causes them harm. When spoken aloud, this is called Slander. When written or printed, as in a newspaper, it is called Libel.
What are Employment Disputes?
Any conflict between an employee or prospective employee and their employer is an employment dispute. This can include hiring decisions, non-compete clauses, restrictive covenants, harassment, discrimination, salary concerns, and more.
What is a Non-Compete Clause/Restrictive Covenant?
A non-compete clause is an agreement between an employee and their employer that governs what the employee can and can’t do when they leave, including where they are allowed to work. This is a way for an employer to protect their secrets.
Contact Himelman & Himelman today to discuss your options regarding commercial litigation.