Commercial Litigation
Commercial Litigation
by McCabe.Law Group, LLC
If you own or run a business, you are aware that, far too frequently, you will inevitably deal with legal problems. Disagreements may occur with colleagues, business partners, suppliers, vendors, consumers, and workers. You can be worried about trade secret protection, confidentiality breaches, or unfair competition from competitors and former workers. You want skilled trial lawyers to safeguard your interests if commercial litigation is required.
Commercial or business litigation involves legal action relating to any business relationship. Consequently, it addresses a wide range of topics, including contract disputes, contract violations, shareholder conflicts, partnership or corporation disputes, class action lawsuits, duty breaches, and other claims originating in a business setting. For that reason, if you find yourself in a situation where you need the assistance of a Pennsylvania commercial litigation attorney, do not hesitate to reach out to McCabe.Law Group, LLC.
Need to Speak with a Commercial Litigation Lawyer in Pennsylvania?
The Common Sources of Commercial Litigation in Pennsylvania
1. Commercial Leases
Despite the growth of e-commerce and the Internet, most Pennsylvania enterprises are based out of a single physical location. These places are frequently rented spaces, which are usually less expensive than buying real estate to run a business out of. The terms of these rentals are outlined in contracts known as “commercial leases.” These leases can be broken, just like any other kind of agreement. The parties may need to turn to business litigation if they cannot settle their subsequent disagreement.
2. Sales of Real Estate
Several things may go wrong when purchasing a home or a piece of property, resulting in a business lawsuit. A disagreement that might result in a commercial case is conceivable if there is a flaw in the seller’s title, a physical issue on the real estate property that the seller failed to disclose, or if the buyer doesn’t pay on time.
3. Sale of Goods
In Pennsylvania, buying personal property is significantly more common than purchasing land. Additionally, as to any other transaction, if one party believes the other did not fulfill their end of the bargain, a legal lawsuit may result from the sale of products. For instance, there will be a dispute if the seller delivers an incomplete, faulty, or delayed order or if the customer needs to pay the agreed amount for the items. These disagreements occasionally result in business lawsuits.
4. Business Loans
To get started, new companies in Pennsylvania frequently need a bank loan. There may sometimes be disagreements between the lender and the borrower. For instance, the borrower may consistently overlook making their installments on schedule. The lender will then attempt to collect and could even file a commercial lawsuit.
5. Breach of Contract
When a person or organization consents to trade one valuable item for another (such as a product for cash), they have made a legally enforceable agreement known as a “contract.” It implies that each party may utilize the legal system to force the other to fulfill its end of the bargain. If one party breaches the agreement, one way to settle the ensuing disagreement is through a business lawsuit.
6. Partnership
Partnership conflicts frequently occur when partners need help agreeing on what is best for the company or how to handle a particular situation, such as profit sharing. They may also entail a fiduciary responsibility violation, in which one party violates a partnership agreement by acting against the interests of the other.
7. Employment Law
Conflicts about employment law can arise from internal issues like harassment, discrimination, salary disputes, and external issues involving former workers, such as wrongful termination or violations of non-compete agreements.
8. Intellectual Property
Intellectual property law safeguards the rights of those who create original works. Ownership of the intellectual property of a specific work or claims of copyright, patent, or trademark infringements can give rise to business conflicts.
How Business Disputes Are Prevented in Pennsylvania
There are several strategies to prevent the possibility of being entangled in a commercial dispute.
1. Draft Agreements That Work
A highly effective means of preventing future conflicts is ensuring you have binding contracts under the law. A business conflict lawyer can create carefully worded, precise contracts for your company.
2. Seek Advice Early
Consult a commercial litigation attorney immediately if you need clarification on handling a complicated situation or have a strong sense that something is off. Early legal counsel on the appropriate action can help you prevent a business issue.
3. Record Everything
Ideally, a firm should maintain a written record of all significant papers or events in case of a disagreement. All emails, contracts, financial data, loan paperwork, file notes, and meeting minutes must be on file. You can get help from a commercial litigation attorney in creating a system and plan for document retention.
How to Resolve Business Disputes in Pennsylvania
The parties may try to settle a disagreement out of court using alternative dispute resolution (e.g., negotiation, mediation, or arbitration). Both parties may save a lot of time and money by doing this.
1. Negotiation
The parties exchange views to reach a mutually agreeable resolution. Business conflict attorneys are frequently involved in negotiations, even if they are a less formal procedure, due to their skill set, which enables them to manage the process efficiently. By far, the least expensive method of resolving a conflict is negotiation. Through negotiation, additional formal procedures involving other parties are avoided.
2. Mediation
In a mediation, the parties discuss things with a third-party mediator to reach a mutually acceptable resolution. The procedure culminates in a mediation agreement that the parties must abide by.
3. Arbitration
A panel of arbitrators, or arbitrators, hears each side’s arguments and renders a decision during arbitration. Whether arbitration is necessary for the parties in their particular circumstances is typically determined by a contract. The parties might only be allowed to go to court with an arbitration provision.
4. Litigation
The parties may take official legal action in court if they cannot settle their disagreement through other means. In this case, one side files a civil lawsuit against the other, and a judge and jury will ultimately hear the case and decide.
Although litigation is sometimes thought of as a more drawn-out and costly process—and indeed it can be—experienced attorneys familiar with the laws and precedents in their area can get you a better outcome. Usually, the attorneys handling each party’s commercial dispute represent the parties.
Frequently Asked Questions
What is Commercial Litigation?
Commercial litigation refers to the categories of legal actions that impact enterprises. This litigation frequently focuses on contract disputes, debt collection, trade secrets, personnel issues, discrimination claims, and related subjects. Commercial litigation is a dispute that has developed into a lawsuit and includes a business.
What Should One Do If Involved in a Commercial Litigation Dispute?
In any form of dispute, the first thing you should do is consult a lawyer to find out your rights and available options. To protect you from those threatening to file a claim against you or enforce your rights, your lawyer can listen to you and guide you through your alternatives.
Who Decides a Case in Commercial Litigation?
Your case may wind up in one of many tribunals, depending on the nature of the disagreement. The majority of lawsuits are filed in trial courts with broad jurisdiction, which can be state (the Court of Common Pleas) or federal (the District Court), depending on the nature of the case, the parties’ citizenship, the amount in dispute, and occasionally the subject matter. Administrative courts or tribunals, like the Workers’ Compensation, the National Labor Relations, the Unemployment Compensation Hearing Board, and others, are sometimes tasked with handling matters involving regulated activity. Your case may be determined by a jury, a judge, a special referee, or an administrative law judge, depending on where it is heard. Your lawyer will address inquiries concerning the tribunal that will hear your case and the steps required to resolve your claim.
Can a Commercial Litigation Attorney Help One with Non-Compete Agreements?
Yes, you may safeguard your company’s interests by enforcing non-compete agreements with the aid of a business litigation attorney.
Trust Your Commercial Dispute To A Skilled Pennsylvania Attorney
When a business dispute threatens, you need McCabe.Law Group, LLC, commercial litigation lawyers to handle your business disagreement. Gerard McCabe, an aggressive, accomplished, seasoned, and strategic trial attorney and litigator, leads McCabe.Law Group, LLC’s commercial litigation practice. We have effectively tried cases involving juries, non-juries, and arbitration in Pennsylvania. Contact our legal professionals by giving us a call today.
Get The Winning Commercial Litigation Services You Need!
McCabe.Law Group, LLC
42 Hawkswell Circle, Oreland, PA 19075
(215) 965-0004
Contact Details
- (215) 965-0004
- gmccabe@mccabe.law
- 6172 Argos Drive, Blue Bell, PA 19422