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Business And Commercial Litigation


Legal issues of various kinds are unfortunately common occurrences when running any type of business. Sometimes, these issues are internal matters between the business management team and the employees who keep the ship afloat. Other times, these disputes arise between a business and an outside party, such as a customer, or between a business and its competitor. 

Whenever a business is involved in a legal dispute, there are many concerns to keep in mind. A business often has to worry about damage to its reputation and the financial repercussions of being involved in a lawsuit. Working with an experienced business and commercial litigation lawyer can provide business owners and management teams with peace of mind. 

The Schwab & Gasparini team of experienced business and commercial litigators works with clients to resolve disputes quickly and efficiently. Hiring the right attorney for commercial litigation is extremely important to the success of your case. If you are involved in a commercial litigation dispute, call (315) 422-1333 in Syracuse, (518) 591-4664 in Albany, or (914) 304-4353 in White Plains and Hudson Valley to schedule a consultation to review your business and commercial litigation needs.

What is Commercial Litigation in Business?

Commercial litigation involves a dispute between two or more parties in a business relationship. Often, this is a dispute between a business and a customer, a business and competitors, a government entity, a group of people, or even between a business and its suppliers. 

Business lawsuits are often incredibly complex, so having an experienced commercial litigation attorney can be very important. Whether you are facing a lawsuit on behalf of your business or taking another business entity to court in the pursuit of justice, it is beneficial to have the right legal team to navigate the complexities of your commercial litigation case. 

Commercial Litigation and Business Structure

Commercial litigation involves businesses with a specific structure or entity, such as a partnership, LLC, or corporation. New York State has laws that dictate requirements for litigation for each type of business entity. Under Section 206 of New York State Limited Liability Company Law, an LLC in New York State must have a published record of formation to bring a case to court or file a counterclaim in a lawsuit. Under New York State Business Corporation Law, corporations are not required to have a published record before filing a lawsuit or bringing a counterclaim in an existing lawsuit. 

What Is the Difference Between Business and Commercial Litigation?

For a plaintiff suing a business, it usually will not matter whether their attorney specializes in business or commercial litigation law. The distinction is much more important for a business or corporation. While business and commercial litigation are similar, the two terms are used slightly differently to refer to distinct subcategories of litigation involving for-profit operations. Business litigation focuses on organizational issues, while commercial limitation deals with outside parties. 

Business Litigation

Business litigation generally involves internal business and organizational matters. These disputes include employees and an employer, shareholders, partners, and other people within the business. Business litigation issues include: 

  • Compliance with Federal and State laws and regulations
  • Employment law disputes within a company 
  • Shareholder disputes

Commercial Litigation

Commercial litigation, on the other hand, involves the business’s relationships and transactions with customers and other companies. These cases generally tend to be more complex because they involve outside parties, which increases exposure and the risk of public relations issues. 

Commercial litigation also concerns issues related to business entity structure. This includes partnership issues, shareholder disputes, disagreements between members of a Limited Liability Corporation, and other entity-specific matters. 

A few common types of commercial litigation include: 

  • Contract disputes between businesses or corporations 
  • Issues related to the sale of goods
  • Class actions involving corporations and other business entities
  • Real estate and land sale transactions involving corporations
  • Trade secret disputes 
  • Shareholder disputes 

Many business litigation lawyers will handle cases in both areas, but some specialize in one or the other. When you choose an experienced business and commercial litigation lawyer with Schwab & Gasparini, you can feel confident that they understand the federal and state laws that may apply to your case. 

What Is the Primary Reason for Business Litigation?

While the specific damages sought in business litigation vary, one of the most common reasons for business litigation is a breach of contract dispute. These contracts can be between the business and another business or between the business and an employee. 

Contractual disputes arise when one party alleges the other has not upheld their end of the contract. The breach may consist of late or missed payments, failure to render services, or various other issues properly. 

Commercial Contract Disputes

Commercial contractual disputes can be complex because, often, both sides have claims and defenses. This differs from a civil case, in which there is a clear plaintiff and defendant. Working with an experienced commercial and business litigation lawyer may help you to build or defend your claim properly.

Other common types of business litigation include: 

  • Breach of fiduciary duty
  • Partnership disputes
  • Intellectual property disputes 
  • Non-compete and unfair competition issues 
  • Fraud
  • Class action lawsuits for personal injury or product liability claims 
  • Business torts 
  • Employment law issues 
  • Insurance coverage issues and disputes 
  • Antitrust 
  • Debtor/creditor disputes
  • Real estate, land use, and environmental disputes 

Litigation in business is very common, especially with larger businesses and corporations. Knowing how to handle a lawsuit properly is crucial to maintaining the business’s reputation and protecting against excessive financial losses. 

What Does a Litigation Lawyer Do in Business Law?

A business litigation lawyer may work for a law firm or as in-house counsel for a large corporation. These attorneys specialize in handling and managing conflict arising from business transactions, negotiations, and other areas of day-to-day business. They also represent their clients in court, often handling the entire litigation process from start to finish. 

A business litigation lawyer for a law firm often works from a background of substantial experience in handling client matters and disputes in court. When choosing a business litigation lawyer to represent your enterprise, you should look for a lawyer who works with a firm that is well-versed in the legal matters that your business deals with.

New York Business Litigation and Employer Defense Law Firm

In general, commercial litigation and business litigation are interchangeable. Suppose you are the owner of a business in New York State, and you are involved in a commercial or business litigation suit. In that case, you may find it helpful to work with an experienced commercial litigation law firm. For help with a case involving business or commercial litigation, contact Schwab & Gasparini at (315) 422-1333 in Syracuse, (518) 591-4664 in Albany, or (914) 304-4353 in White Plains and Hudson Valley.

Wed Nov 1 2023, 12:00am