FAQ

Commercial litigation involves lawsuits concerning business and other nonpersonal injury disputes. For instance, disputes between partners in a commercial venture over the allocation of profits and the reasonableness of expenses. Another example would be the beneficiary of a trust who questioning the trustee’s management of the trust. Finally, any breach of a written or, in some cases, oral contract.

There are at least two alternatives, mediation and arbitration. Mediation involves an objective mediator, skilled in negotiation, who attempts to convince the parties to settle their disputes and avoid the time and expense of a trial. The process is confidential, and the mediator does not have the ability to force a settlement or decide the dispute. Arbitration, on the other hand, involves an arbitrator who, after listing to evidence, decides who should win. His decision is binding and enforceable.

Yes, under certain circumstances, if you signed a noncompetition agreement and it is reasonable in time and place. Usually, the employee should have some unique expertise. For instance, a doctor who signs a noncompetition agreement can be prohibited from practicing medicine within a limited territory for a limited amount of time, which would include being employed within that area and during that time.

First, be sure you know all the facts. Then retain a lawyer and let him/her take the next steps. A letter from your attorney clearly stating the breach or breaches and the steps which might be taken because of those breaches should be sent as soon as possible. If the breach is continuing and detrimental to the business, a Temporary Restraining Order may be obtained the stop that conduct. That would necessitate filing a lawsuit but the lawsuit itself would not preclude negotiation and settlement of the dispute.

A law school degree is no substitute for experience. A lawyer who has practiced in the area of commercial litigation is more qualified, based on experience, then lawyers who practice is in other fields. There is no learning curve as the commercial litigator has more than likely handled similar cases over the years. What is important is that the lawyer has tried a number of cases before a jury because there are lawyers who, because of lack of experience, are reluctant to take the case trial. That reluctance can affect how that lawyer negotiates to settle a case.