Legal Blogs

What is Commercial Litigation in Irvine?

Businesses generally want to avoid becoming involved in litigation whenever possible. Transactional attorneys provide assistance when businesses enter into contracts and structure deals. The goal of these lawyers is to anticipate potential future problems and try to protect against lawsuits.  Companies should also get legal advice when signing contacts, dealing with employees, and otherwise engaging in business activities that could give rise to lawsuits. worried-man-against-white-background-1000622-m

While avoiding litigation is always the goal, sometimes commercial litigation becomes necessary. Your business may unwittingly become involved in commercial litigation if you are sued and forced to respond to the lawsuit. Your company may also need to file a lawsuit in order to protect your interests. Whether you are a plaintiff or a defendant involved in commercial litigation in Irvine, it is imperative that you have a qualified legal representative providing you with guidance and advice. The business litigation lawyers at Brown & Charbonneau, LLP have helped many companies with commercial litigation and we can bring our experience to the table in your case.

What is Commercial Litigation in Irvine?

“Commercial litigation” can refer to any lawsuit arising from business and commercial laws. There are laws affecting virtually everything that businesses do. Some of these laws exist on the federal level and others exist on the state level. Laws govern how businesses can advertise; how they must pay employees; when and why they can fire workers; and how contracts are interpreted. Laws allow companies to protect their intellectual property and brand identity, and give companies a remedy when their interests are adversely affected by those who misuse their intellectual property.

Litigation can arise out of virtually all of these business laws. Examples of commercial litigation could include:

  • Breach of contracting claims.
  • Lawsuits arising from false or misleading advertising or from a failure of a company to respect express or implied warranties.
  • Employer/employee disputes including discrimination claims or non-compete clauses.
  • Enforcement of non-disclosure agreement or trade secrets law violations.
  • Intellectual property cases arising from infringement of patents, trademarks, or copyrights.

Many examples of commercial litigation in Irvine are actually resolved early in the litigation process. When a lawsuit is filed, this can open the door for communication between the parties. A settlement agreement may be reached to allow those involved in the commercial litigation to avoid the costs and uncertainty of litigation. The parties to the dispute may decide to opt for mediation or to try to settle a case with the help of their lawyers in order to continue a productive working relationship or to keep disagreements out of the public eye.

Arbitration clauses in contracts have also taken many issues out of the realm of commercial litigation. If there is a binding arbitration clause in an enforceable contract, disputes covered by the arbitration clause will need to be resolved outside of court.

An Irvine, CA business law attorney at Brown & Charbonneau, LLP can help with mediation, arbitration, or commercial litigation in Irvine.  To learn more about how we can assist you with any disputes that arise affecting our business, give us a call today.