Commercial Litigation Attorney

Being involved in commercial litigation is stressful for a company and its owners. Since 2006, I’ve served as a commercial litigation attorney to businesses throughout California including Los Angeles, San Diego, and Orange County. Please get in touch with me for a free consultation on commercial litigation.

Author: Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Being involved in commercial litigation is stressful for a company and its owners. Since 2006, I’ve served as a commercial litigation attorney to businesses throughout California including Los Angeles, San Diego, and Orange County. Please get in touch with me for a free consultation on commercial litigation.

What is Commercial Litigation?

Commercial litigation is civil litigation involving one or more businesses as parties. Commercial litigation involves businesses rather than individuals. Commercial litigation is civil litigation in any sort of business relationship. 

To understand commercial litigation, we must first go over civil litigation. Civil litigation is when two or more parties are involved in a lawsuit that is non-criminal in nature. This is not like Law & Order where one individual is trying to send the other to jail. Normally, one party is suing the other for monetary compensation or to defend a legal right.

Commercial litigation, or lawsuits, work in much the same way, except one or more of the involved parties are businesses. The process of taking cases to court tends to be more expensive than non-commercial civil lawsuits. Like civil lawsuits, the goal of the suing party is to receive monetary damages. However, depending on the case, there may also be criminal charges filed. Commercial lawsuits typically proceed in the following pattern:

  • The suing party hires an attorney
  • The facts of the case are investigated
  • Attorneys on both sides research the appropriate laws
  • A settlement is negotiated
  • The attorney for the plaintiff files the lawsuit
  • The case is taken to court before a judge and jury

What Are Some Examples of Commercial Litigation?

  • Breach of contract lawsuits. These occur when a person or company violates a contract made with another. Example: Restoration Hardware makes a deal with ShelfMaster, a company that produces quality wood furniture. Every month, Restoration Hardware is supposed to receive a shipment of shelves. However, for three months, the company does not receive its promised shipments of shelves. ShelfMaster has thereby violated the agreed contract and is sued.

  • Class action lawsuits.  These occur when a group of individuals sue a person or company that harmed them. Example: Gloria and Gerald buy a crib for their baby daughter, only to have the crib collapse, injuring the infant. While watching CNBC, Gloria listens to a report detailing other instances of injury resulting from this specific crib. The parents join with others who bought the defective crib to sue BabyBella, the company selling the product.

  • Anti-trust lawsuit. These occur in response to allegations that a business is not complying with laws regulating competition. Example: AT&T attempts to acquire Verizon, resulting in a monopoly and reduced competition.
  • Regulation lawsuits.  These occur when a company violates its industry’s regulations. Example: The oil company Shell decides to dump thousands of tons of waste into a local river despite industry regulations against illegal dumping. After dead fish are found floating downstream, Shell is sued for violating environmental regulations.

  • Unfair Competition. California’s unfair competition law prohibits any unlawful, unfair or fraudulent business practice, or any false, deceptive or misleading advertising.

  • Trade Secret Lawsuit. The Uniform Trade Secrets Act (UTSA) allows lawsuits to penalize the unauthorized disclosure of trade secrets, or to enjoin potential disclosures.

  • Shareholder Dispute. A shareholder dispute it is a disagreement amongst shareholders or between shareholders about the governance of the corporation or some other essential detail about the company’s operations, finances, etc.

  • Employment Law Violations. Employment law violation may include: Failure to Pay Minimum Wages; Failure to Pay Overtime Wages; Failure to Pay for Nonproductive Time under Labor Code § 226.2; Failure to Provide Rest Periods and Meal Periods; Record Keeping Violations (Labor Code § 226)

  • Fraud Lawsuit. A fraud lawsuit is a legal proceeding in court between the parties to prove or disprove the presence of all the required elements of the variety of fraud in question.

  • Derivative Action. A shareholder (stockholder) derivative suit is a lawsuit brought by a shareholder or group of shareholders on behalf of the corporation against the corporation’s directors, officers, or other third parties who breach their duties.

How is Commercial Litigation Changing?

The practice of commercial litigation is often subject to change. Changes in political administrations, laws and regulations, court appointments, and the economy can affect the commercial landscape.

Let’s consider an example illustrating how the field of commercial litigation must routinely adapt. We live in an age of constantly evolving technology, and the law has been forced to change in order to regulate new frontiers such as the Internet. This means that lawyers in the commercial litigation practice are often approached about entirely new disputes. Often these disputes involve tech companies. The subsequent lawsuits often concern trade secrets and intellectual property.

In short, political and cultural trends directly affect the way commercial law is practiced, making it a highly dynamic field.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Breach of Contract Law in California

To recover damages from the defendant for breach of contract in California, the plaintiff must prove all of the following: (1) that plaintiff and defendant entered into a valid contract; (2) that plaintiff performed under the contract or that performance was excused; (3) that the defendant failed to perform under the contract; (4) that plaintiff was harmed; and (5) that defendant’s breach of contract was a substantial factor in causing the plaintiff’s harm.
What is a registered agent

What is a Registered Agent? Understanding the Role and Importance for your LLC

A registered agent is essential for your LLC, handling legal, tax, and government correspondence, ensuring timely delivery of important documents. Choosing a registered agent service offers privacy, compliance, and reliable handling of official communications, helping your business operate smoothly across states.
Form 1096 - A guide for US employers

Form 1096: A guide for US employers

Guide to Form 1096 for US Employers: Learn which businesses must file Form 1096 and the consequences of not filing. Get details on obtaining free forms and submitting accurate reports to the IRS.
What Is a Gap Analysis

What is a Gap analysis?

Gap analysis helps businesses compare current performance with desired goals, identifying inefficiencies. This method aids in developing action plans to bridge performance gaps.
SWOT Analysis Example

SWOT Analysis Example

Conducting an HR SWOT analysis helps identify strengths, weaknesses, opportunities, and threats within and external to an organization. This process aids in developing strategic HR actions aligned with the company's objectives.
HR Career Pathway

HR Career Pathway

Discover how to shape your HR career pathway effectively, utilizing insights on skills, gaps, and tools available for your professional growth. Learn strategies for navigating various HR career routes to enhance your development and impact.
Certifications For HR

Certifications For HR

Explore nine HR certifications to enhance your career prospects and demonstrate your knowledge of best HR practices. Discover how certifications can increase your earning potential and make you more competitive in the HR field.
HR Roles

HR Roles: Key duties and responsibilities in today’s workplace

Explore how HR roles have evolved from basic administrative functions to strategic tasks that enhance organizational performance and employee engagement. Learn about the crucial roles in HR that drive company success and adapt to technological and workplace changes.
Succession Planning

Succession Planning: Why is it essential for your business

Understand why effective succession planning is crucial for organizational continuity and competitiveness, and how a lack of planning can impact businesses. Discover how structured succession plans can benefit organizations by preparing future leaders and ensuring role continuity.

Costco Hot Dog Price Story

The story about Costco $1.50 hot dog price began in 1993 when the Costco merged with Price Club. Costco's $1.50 hot dog price remains unchanged in 2024.

Request for Production of Documents, RPOD, CCP 2031.280

Starting January 1, 2020, California's civil litigants face stricter discovery rules under Cal. Civ. Pro. § 2031.280(a). All produced documents must now be labeled by request number, impacting both new and ongoing cases.
What is a default judgment

What is a default judgment

A default judgment is issued when a defendant fails to respond to a lawsuit, allowing the plaintiff to win by default. Understanding this process is crucial for both parties involved in litigation.
What is a quitclaim deed

What is a quitclaim deed

Quitclaim deeds offer a quick way to transfer property ownership without guarantees, distinct from warranty deeds. Ideal for non-sale property transfers among family or into trusts, they require careful legal consideration.
Combined Assurance

Combined Assurance: Enhancing internal auditing practices

Combined assurance enhances internal auditing by fostering collaboration across departments, improving efficiency, and reducing overlap. It boosts risk mitigation and confidence in governance, crucial for organizational success.
Sole Proprietorship Business License

Sole Proprietorship Business License

Sole proprietorships offer simplicity and fewer formalities for new business owners, with benefits like no separate taxes. Remember, personal and business assets aren't distinct, impacting liabilities and the need for proper licensing.
What is the most important part of your business plan

What is the most important part of your business plan

The executive summary shines as the pivotal element of a business plan, serving as a decisive factor for readers to delve deeper. A comprehensive guide on crafting an impactful business plan, focusing on unique strategies and essential components.
Easy Businesses To Start

Easy Businesses To Start

Unleash your entrepreneurial spirit with these straightforward home-based business ideas, from e-commerce to creative pursuits. Embrace the flexibility and potential for financial independence with diverse options suited for various interests and investment levels.
What is the standard deduction

What is the standard deduction

Understand the IRS standard deduction, a straightforward option for reducing taxable income without needing detailed documentation. Delve into eligibility, amounts for 2023-2024, and considerations for itemizing versus standard deduction.
How to get a business license

How to get a business license

Grasp the essentials of obtaining a business license in California, focusing on local and state-level requirements. Uncover specifics on when and why different types of business licenses are needed.
Why Do Businesses Fail

Why Do Businesses Fail?

Uncover the key factors contributing to small business challenges, including financial obstacles, inadequate management, and flawed marketing strategies. Understand the role of a comprehensive business plan in ensuring long-term success.
How To Start LLC

How To Start LLC

Navigate the process of creating an LLC in California, from naming your entity to fulfilling state tax obligations. Highlighting key steps including selecting a registered agent and drafting an operating agreement.
What is a BOC 3

What is a BOC 3

Understand the essentials of a BOC-3 filing for transportation businesses in California, detailing the designation of process agents for FMCSA certification. Learn the requirements, costs, and benefits of choosing the right process agent for your business.
What is an S corporation

What is an S Corporation

Explore the benefits and considerations of electing S corporation status for your business, focusing on tax advantages and eligibility criteria. Determine if an S Corp is the right choice for you with insights on structure and taxation.

Contact our attorney.

Please tell us your story:

0 + 1 = ?

1,285
© Copyright | Nakase Law Firm (2019)