Commercial litigation includes a wide range of legal forms and business issues, most often between businesses, but not only. This type of litigation was born due to the rapid growth of home-based businesses, the diversification of business types and appearance of many new small businesses. Based on the wide range of existing businesses types, there are a lot of areas where the issue can appear, still, in some area more often than the others.
There are a lot of local businesses that started out with only one location and expanded nationally or even internationally through franchise. Still, the franchise system in not as simple as it sounds from a legal point of view, since there are a lot of wrangling inherent for both the one creating and selling the franchise, as well as for the one buying and running it. Franchises represent a complex legal form of business that comes with lots of agreements that must be followed precisely, from arranging the store/restaurant etc. to business working hours. Franchise litigation appears when any of the rules in the agreements are violated, for instance, if the franchisee uses unapproved suppliers or the franchisor does not offer support.
Intellectual Property Litigation
For most businesses, intellectual property is the heart of their company. Trademarks, patents, copyrights that companies obtain for their processes and products worth high amount of money and represent the main source of revenue for them. A form of intellectual property litigation is represented by securing the intellectual property to the patent process, while a more often seen form nowadays, is prosecuting or defending cases with infringements.
No matter the type of entity you have (LLC, micro company etc), duties as a matter of law are owed and there are many areas where a corporate litigation may arise. For example, non-disclosure agreements, corporate mergers, non-compete agreements, acquisitions, corporate control disputes, management disputes (LLC member controversies or shareholder disputes) and even employment agreements. No matter the size of the company, these issues may occur at any time.
In conclusion, commercial litigation is a very complex area of the law and the above mentioned areas are just a small part of the issues that may occur. If you find yourself in the face of any commercial litigation, you need to be represented by a law firm that has experience in facing the complex process. Our lawyers at Darie, Manea and Associates are able to provide you the best alternative in the process and assist you along the way to success. Do not hesitate to contact us!