What is a commercial litigation attorney?

In 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 in the world has a stronger commitment to free enterprise than the United States. According to the Small Business Administration (SBA), there are nearly 30 million small businesses in the US, representing more than 99 percent of all employer businesses.

Although it is invariably corporations that make the headlines when 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 business litigation in the legal profession. Lawsuits involving negligence, contract law, and class action lawsuits are the most common types of these cases.

Who to call

Although 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 good name of the business. Failure to do so will almost inevitably result in an avalanche of bad press, which will almost certainly hurt the bottom line.

In any civil case, the plaintiff is the accuser, while the litigant is the defendant, hence the term “commercial litigation.” These accusers can be anyone, including a current or former employee, customer, customer, or former partner. The most sophisticated cases litigation attorneys handle are class action lawsuits.

An 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 Tobacco Master Settlement, for example, was settled in 1998 for $ 206 billion over 25 years.

What to expect

Whether of the class action, contract or negligence variety, most of these cases are resolved before they reach court. There are many reasons for this. First and foremost, the members of the firm who may or may not be responsible for any wrongdoing do not want their name to be 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 being said, a good business litigation attorney should be a skilled mediator, as this is often how these cases are resolved.

Mediation versus arbitration

As a general rule, attorneys should negotiate in arbitration or mediation hearings. The only difference between the two processes is that arbitration involves a legal judgment that is determined by an arbitration board, while mediation is simply an open negotiation between the two opposing parties.

Agreements made in mediation often involve disputes that the plaintiff believes were illegally terminated. Because wrongful termination cases are so common, they rarely appear in the newspapers or on the news, which is why they are often settled for a reasonable sum before reaching a judge.

In any of the above situations, an experienced business attorney can mean the difference between a crippling lawsuit and a legal victory.