Los Angeles Commercial Litigation Attorneys

Helping Clients Sort Out Complex Commercial & Business Disputes in California & Nationwide

When you are in the middle of a commercial or business dispute, you need a legal team that has the experience to help you effectively argue your side and protect you from being taken advantage of. At Robins Cloud LLP, we understand how much these disputes can weigh on you and how the burden of carrying this weight can easily impact all the other facets of your life.

When your livelihood is at the center of a legal conflict, do not settle for less when choosing a legal team. Our Los Angeles commercial litigation lawyers at Robins Cloud LLP boasts skilled legal professionals who are ready to protect you from parties that have committed professional malpractice, fraud, trade libel, and/or intellectual property theft, as well as in many other types of commercial disputes.

To experience the peace of mind that comes with working with our Los Angeles commercial litigation attorney, contact Robins Cloud LLP online today at (800) 691-2363.

What Is Commercial & Business Litigation?

Commercial litigation, also known as business litigation, refers to any type of dispute pertaining to business matters. A commercial dispute can, therefore, take many forms.

These disputes can involve various parties, including businesses, individuals, and governmental entities. The disputes may arise from different aspects of business operations, contractual relationships, and commercial activities.

The most common types of commercial disputes include the following:

• Breach of Contract: This is one of the most common types of business litigation. It involves a party failing to fulfill its obligations under a legally binding contract, resulting in financial or other damages.
• Intellectual Property Dispute: Intellectual property disputes can include cases related to patents, trademarks, copyrights, and trade secrets. These disputes may arise from allegations of infringement, misappropriation, or unauthorized use of intellectual property.
• Fraud Dispute: Fraud disputes involve one party making false representations or concealing material information to deceive another party, leading to financial harm or other losses.
• Partnership Dispute: When partners in a business entity, such as a partnership or a limited liability company (LLC), have disagreements over management, profits, decision-making, or other issues, partnership disputes can arise.
• Breach of Fiduciary Duty: Fiduciaries, such as company officers, directors, and trustees, have a legal duty to act in the best interests of the entity they represent. Breach of fiduciary duty cases involve allegations of individuals failing to fulfill this duty, causing harm to the business or its stakeholders.
• Shareholder Disputes: These cases involve conflicts among shareholders in a corporation, often related to issues like corporate governance, dividends, voting rights, or allegations of misconduct by the company's leadership.
• Employment Disputes: Employment-related litigation can include cases related to wrongful termination, discrimination, harassment, wage and hour violations, non-compete agreements, and other employment contract disputes.
• Antitrust and Trade Regulation: These cases involve allegations of anti-competitive behavior, price-fixing, monopolistic practices, and other violations of antitrust and trade regulation laws.
• Real Estate Disputes: Real estate litigation can arise from disputes over property ownership, leasing, land use, zoning, and construction contracts.
• Consumer Protection: Consumer protection cases may involve allegations of false advertising, product liability, deceptive business practices, and violations of consumer protection laws.
• Environmental and Regulatory Compliance: Cases in this category pertain to violations of environmental regulations, permits, or compliance issues related to government regulations and industry standards.
• Securities Litigation: Securities fraud cases involve disputes related to misrepresentations or omissions of material information in connection with the purchase or sale of securities, including stocks and bonds.
• International Trade Disputes: These cases involve disputes between businesses or nations related to international trade agreements, import/export regulations, and trade practices.
• Insurance Coverage Disputes: These cases revolve around disagreements between policyholders and insurers over the interpretation and coverage of insurance policies.
• Franchise Disputes: Franchise-related litigation can involve issues such as breach of franchise agreements, trademark disputes, and alleged violations of franchise regulations.

Commercial Litigation Concerning Professional Malpractice

A professional malpractice claim is a grievance filed by a customer, client, or partner over a service that was not provided as promised or up to industry standards. In other words, a commercial dispute is at the heart of many professional malpractice claims. As you could imagine, any professional could commit malpractice when it is put in these terms, from an architect to a bioengineering company.

Does Business Litigation Ever Proceed to Trial?

Commercial litigation is a legal process that involves resolving disputes or conflicts related to business and commercial transactions through the judicial system.

The process typically follows a structured set of stages:

1. Consultation and Pre-litigation Negotiation: Initially, the parties involved in the dispute may attempt to resolve the matter through negotiation, mediation, or other forms of alternative dispute resolution (ADR). Attorneys may be consulted to assess the strength of the case, explore potential settlement options, and advise clients on their legal rights and obligations.
2. Pleadings: If pre-litigation negotiations fail, the party seeking relief will typically file a complaint or a petition in court, outlining their claims and the legal basis for those claims. The responding party will file an answer to the complaint, either admitting or denying the allegations and presenting any affirmative defenses they may have.
3. Discovery: This stage involves the exchange of information and evidence between the parties. It includes written requests for documents, depositions, interrogatories, and requests for admissions. The purpose of discovery is to gather evidence, identify witnesses, and better understand the strengths and weaknesses of each party's case.
4. Motion Practice: During litigation, various motions may be filed by the parties. Common motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions allow the court to make preliminary rulings on the case, potentially leading to its dismissal or a more efficient resolution.
5. Trial Preparation: Before the trial, both parties engage in further preparation, which includes:

• Identifying and preparing witnesses.
• Preparing and exchanging trial exhibits.
• Developing trial strategies and arguments.
• Conducting pre-trial conferences to address procedural matters.

1. Trial: The trial is the formal, public hearing of the case in front of a judge or a jury. It typically includes opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments. The judge or jury will render a verdict based on the presented evidence, arguments, and applicable law.
2. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as motions for a new trial or motions to set aside the verdict, alleging errors in the trial process. If the parties are still dissatisfied with the outcome, they can appeal the decision to a higher court.
3. Enforcement of Judgment: If a party obtains a favorable judgment, they may need to take steps to enforce it, which can include seeking court orders to collect the awarded damages or require specific performance.
4. Settlement: At any stage of the process, the parties can choose to settle the dispute by mutual agreement. Settlements can occur before or during trial, as well as during the appeal process.

Many business litigation cases are resolved outside of court through a settlement. In fact, most of the time, the parties involved find it preferable to sort out a legal dispute outside the courtroom because it keeps matters private. That being said, a skilled attorney will know how to leverage the other party’s preference for keeping the matter out of the courtroom.

Our lawyers at Robins Cloud LLP are not afraid to leverage the option to take the case to court. Our reputation of trial success will let the other side know that you are serious about your conditions regarding a settlement, that you will not be scared into taking an insufficient deal, and that you are fully prepared to proceed to trial if needed.

Is It Worth It to Hire a Commercial Litigation Lawyer?

Business disputes are typically quite complex, making them into an ordeal most people do not want to face alone. In many cases, it is a wise decision to work with a commercial litigation lawyer to protect yourself and your rights. Hiring an attorney provides you with a strong chance of reaching a settlement you can agree to in good faith, as you can rest assured that there is no underlying loophole waiting to work to your disadvantage.

In addition, if the business dispute involves a large corporation or a wealthy party, it is almost expected that the side with more at stake will have a team of lawyers. If the other side has their own attorney team, it is best if you have your own as well. Going up against legal professionals alone is never a good idea.

FAQs About Commercial & Business Litigation

What triggers a commercial litigation lawsuit?

A commercial litigation lawsuit is typically triggered when one party believes another party has failed to fulfill legal obligations or has engaged in conduct that causes financial or reputational harm. This could stem from a contract breach, fraudulent activity, unfair competition, or disputes between business partners. Often, these issues escalate when negotiations or informal resolution attempts fail, prompting one party to seek legal remedies through the court system.

Who can be involved in a commercial litigation case?

Commercial litigation cases can involve a wide range of parties including corporations, limited liability companies (LLCs), partnerships, individual business owners, vendors, customers, shareholders, or employees. In some cases, multiple parties may be involved on each side, especially in complex commercial disputes or class actions. Regardless of size, any business entity or individual engaged in commerce may find themselves either initiating or defending against a commercial litigation case.

How long does a business litigation case usually take?

The duration of a business litigation case can vary significantly depending on the complexity of the dispute, the court’s schedule, and the willingness of the parties to settle. Simple cases may resolve in a few months, while more complex or contentious matters can take several years to reach a final resolution. Pre-trial procedures such as discovery, motions, and hearings often extend the timeline. In some situations, parties may choose arbitration or mediation as faster alternatives to traditional litigation.

What should I do if my business is being sued?

If your business is served with a lawsuit, it’s important to act quickly and strategically. First, consult with a qualified commercial litigation attorney to assess the claims and deadlines. Do not attempt to communicate with the other party or respond without legal counsel, as anything you say can be used against you. Preserve all relevant records, emails, and communications. Your attorney will help you prepare a response, develop a legal strategy, and explore options such as settlement, defense, or counterclaims.

Is it possible to resolve a commercial dispute without going to trial?

Yes, many commercial disputes are resolved before reaching trial through settlement negotiations, mediation, or arbitration. Courts also encourage alternative dispute resolution (ADR) to reduce caseloads and provide quicker, less expensive resolutions. Mediation involves a neutral third party helping the parties reach a mutually acceptable agreement, while arbitration can lead to a binding decision by a private arbitrator. Early resolution can save time, money, and protect business relationships.

Can a commercial litigation attorney help prevent lawsuits?

Yes, one of the key roles of a business litigation lawyer is to help businesses avoid legal disputes before they arise. This can include drafting and reviewing contracts, ensuring regulatory compliance, creating sound company policies, and advising on risk management. By identifying potential legal pitfalls early and implementing strong legal frameworks, attorneys can help businesses minimize the likelihood of future litigation and protect their interests in the long run.

Let Our Firm Resolve Your Commercial & Business Disputes

Backed by three decades of experience, Robins Cloud LLP knows that business disputes are extremely complex matters. Our team is proactive in that we will work with you to negotiate with the other party with a specific goal in mind: a settlement that works in your favor. We are also reactive in that we can dexterously identify and address complex issues as they arise.

Our Los Angeles commercial litigation lawyers are committed to client accessibility, and we often provide clients with our personal phone numbers so they can reach us directly. We understand that no one wants to be stuck in a legal battle for longer than they have to. With our firm’s many seasoned attorneys and vast pool of resources, our team will fight to efficiently resolve your dispute so you can move on to bigger and better things.

Call Robins Cloud LLP at (800) 691-2363 today to speak to a member of our Los Angeles business litigation team. We handle cases nationwide!