When you face a commercial dispute or litigation matter in Arizona, it can be difficult to know how to proceed. As a business law firm, we understand clients usually feel overwhelmed and uncertain of their rights and options. Especially, as a business owner, when one’s business is on the line and there is a lot at stake.
Fortunately, here, we will cover some of the key aspects of commercial litigation and disputes in Phoenix, including what you should know if you are involved in such a matter. If you need help with any commercial litigation manner we can help.
Our Phoenix business law attorneys have over 15 years of experience handling all manner of legal issues in Maricopa County and the surrounding areas. Contact us at (623) 300-2727 today to schedule a consultation.
Commercial Disputes and Disagreements
If you are involved in a commercial dispute it is best to take action to try and resolve the situation before it gets to court. However, when a dispute can’t be resolved between the parties involved, litigation may be necessary. Commercial disputes involve one or more businesses that are in disagreement over an issue of law or fact that affects their rights under a contract or related statutes.
In some other cases, the dispute may involve a dispute between or among individuals, corporations, partnerships, limited liability entities (LLCs), or governmental entities. Whichever the case, you'll need a dedicated team of business dispute lawyers to protect your business priorities and individual interest.
How is Commercial Litigation Different Than Other Types of Litigation?
Commercial litigation, as opposed to civil litigation, involves all types of disputes between businesses. These disputes can range from contract breaches and violations of intellectual property rights to antitrust claims and breach of fiduciary duty cases.
As opposed to civil litigation, commercial lawsuits often involve larger amounts of money and complex legal issues that require an experienced attorney who is familiar with the nuances of commercial law to provide comprehensive legal representation.
Furthermore, a commercial litigation attorney's role typically focuses more on the development of strategy, analysis of a company’s legal position, and negotiation to reach a direct settlement. This means that the attorney must have a thorough understanding and intricate knowledge of the substantive legal issues involved in the dispute, as well as how to present them effectively in court. On the other hand, a civil litigation attorney may focus more on the procedural aspects of a case and the research and development of legal arguments.
Common Types of Business Disputes
The types of commercial disputes vary depending on the nature of the dispute and what is at stake. The common types of commercial/business litigation disputes include:
- Breach of contract disputes
- Intellectual property rights violations (including copyright infringement, trade secret violations, and patent infringement)
- Shareholder issues, i.e., derivative actions or shareholder disputes
- Unfair trade practices or competition claims
- Business torts (such as business fraud, interference with contract, misappropriation of trade secrets, or other deceptive business practices)
- Construction litigation
- Real estate disputes
- Business payment disputes
- Corporate disputes
- Product liability
What to Expect From the Commercial Litigation Process
The most important step in resolving any commercial litigation issue is taking legal action as soon as possible. The longer the dispute lingers, the more complex and expensive it can become. Mediation or arbitration may be appropriate options for quickly and efficiently resolving the dispute, as they are often less adversarial and involve a neutral third party to facilitate negotiations or settlement agreements.
In exceptional situations, we strive to help business owners find effective solutions to their disputes with business partners or other entities and can counsel them on contractual terms in order to avoid costly and difficult litigation processes.
However, in some cases, litigation may be necessary. If a legal dispute cannot be resolved through mediation or arbitration, then a lawsuit may need to be filed to protect your rights and interests. The process of commercial litigation is complex and can involve multiple parties. The most important step is to have a clear understanding of the dispute and the legal issues involved, so you can make informed decisions about how to proceed.
Generally, the process involves a number of steps including filing a complaint, discovery, pre-trial motions, trial, and appeals (if applicable). It is important to understand each step of the process when preparing for a commercial dispute. Consequently, you have to consult with experienced business lawyers who understand Arizona law and procedure.
Possible Outcomes For Commercial Litigation and Disputes
Remedies for commercial litigation and disputes can vary widely depending on the facts underlying the dispute and the applicable law involved. The remedies available may include:
- Monetary Damages: The Court awards monetary damages to the prevailing party. These damages may include compensatory (economic losses) and/or punitive (non-compensatory) damages.
- Injunctive Relief: A court order requiring a party to take or refrain from taking specific actions. For example, a court may issue an injunction prohibiting a party from using copyrighted material or engaging in unfair competition.
- Specific Performance: A court order requiring a party to perform its contractual obligations, or other legal duty.
- Declaratory Judgement: A court decision that declares the legal rights and obligations of the parties involved in a dispute. This can help resolve an ongoing disagreement between two or more parties without requiring one side to pay damages.
- Attorney's Fees and Costs: In Arizona, attorneys' fees and costs may be awarded to the prevailing party in certain cases.
Hire a Commercial Litigation Lawyer in Phoenix
If you are involved in a commercial dispute or litigation matter it is important to seek experienced legal advice as soon as possible. The Mohanan Law Firm aims to provide our clients with the highest level of legal and efficient representation, tailored specifically to their needs.
With authoritative knowledge and extensive business law litigation, our legal team can provide effective resolution to your commercial dispute by utilizing alternative dispute resolution techniques and exploring solutions outside of traditional arbitration proceedings.
Our experience makes us one of the top business litigation attorneys and we can find an efficient solution to any complex business matters and are ready to help you understand your rights and options under Arizona law. We provide smaller businesses with the same quality of work that is available to major corporate firms—without the excessive legal costs, call (623) 300-2727.
Our office is located at 7025 W Bell Rd Suite 8, Glendale, AZ 85308,
- 17 miles northwest from downtown Phoenix
- 14 minutes from the Thunderbird Conservation Park
- An 11-minute drive from the Martin Auto Museum and Event Center