The world we live in has become quite litigious. As the owner or manager of a business, taking steps to be prepared for litigation before it occurs can be critical to being successful in court. Business litigation can include a variety of different issues. A claim can arise between two businesses, between an individual and a business, or even within your business. Regardless of the type of business litigation, it can be expensive and time consuming.

Common Types of Business Litigation

There are too many types of business litigation lawsuits to fully list here, but the following is a list of some of the more common types of actions:

● Breach of Contract. Most contracts are written in ways that are complicated and difficult to understand. In most breach of contract cases, one party, the plaintiff, is alleging that the other party, defendant, failed to perform its obligations as required by the contract. The plaintiff brings a contract to enforce the contract of to recover damages for its breach.

● Real Estate. Many disputes involving commercial (non-residential) property lead to lawsuits. Litigation is common between real estate developers, between landlords and tenants, and claims that arise during construction.

● Business Torts. Business torts include claims for breach of fiduciary duty, fraud, misrepresentation, or the misuse of confidential or proprietary information without permission.

● Intellectual Property and Trade Secrets. When a business owns a product or provides a service that has been protected by trademark, patent or copyright, litigation may be necessary when another party infringes on that protected right. Litigation can also arise when a party claims another business or an individual has improperly taken its confidential, proprietary or trade secret and is wrongfully using it.

● Malpractice. Lawsuits are commonly filed against attorneys, physicians, brokers, and other types of professional consultants.

● Corporate Governance. Litigation related to the management or governance of a corporation or partnership are common. Lawsuits arise to determine whether the officers, directors or partners have liability to shareholders for their actions.

● Other Business Matters. Business litigation also includes cases involving violations of antitrust laws, trade regulations or when parties engage in unfair business practices. Lawsuits related to business mergers, the sale of assets or securities offerings are also common.

If your business is being sued or is seeking to file a lawsuit against another party, contact Mailly Law. We are experienced in a wide variety of business litigation matters and we stand ready to fight for you.