Commercial Litigation NJ Law Firm Services

By Linda Ruiz


Business or commercial law encompasses a vast scope that includes everything a business and its owners and partners, managers, employees and other entities they deal with all have to face. One of these unavoidable aspects is litigation. It could be about anything from intellectual property infringement to contract disputes and product liability claims. These and other such forms of commercial litigation NJ law firms handle require the legal services to be rendered by capable lawyers who know how to navigate through the maze of federal and state laws and courts.

It is not simply about courtroom talents, because a lot of it calls for the ability to settle issues out of court. This in turn needs special qualifications to handle alternative dispute resolution mechanisms. Specifically, it needs lawyers who have certifications from the New Jersey Superior Court to be arbitrators, and from the Supreme Court of New Jersey to be mediators.

Breach of contract cases are the bread and butter for the lawyers involved. Contracts are pretty much indispensable to any kind of arrangement or transaction between the firm and anyone else. Businesses often need to sue for breach of contract or defend themselves against such cases filed by other firms they do business with.

Another common occurrence that needs a more delicate response is a disagreement between the people involved in the business. Two or more squabbling partners can easily end up destroying the business before eventually parting ways. The lawyer, if called in before it's too late, may be able to broker an amicable resolution or at least ensure that the business is not hurt when one or more partners quit.

Similarly, it is incumbent on the lawyer to ensure the firm isn't hurt when shareholders or other investors sue the management and/or directors. This is typically for breach of fiduciary duties. It means that executives or a member of the board is accused of hurting the company by making decisions that put their own interests ahead of what is best for the company.

Many businesses keep lawyers on a retainer for the express purpose of protecting the firm's interests, as and when such protection is required. Intellectual property is an ideal example here. It's not something that happens every day, but if someone is making unauthorized and unlicensed use of their client's copyrighted and trademarked materials, it has to be stopped.

Fighting back against product liability claims is one more critical area that needs a very good lawyer. A loss in a liability lawsuit will make insurance premiums unaffordable, or even worse - trigger a bigger class-action that will become unmanageable and bankrupt the company. Winning that first case or making it go away quickly is the best way to nip these forest fires in the bud.

Employee lawsuits and restrictive covenant cases are just as destructive. Everything from work injuries to discrimination and harassment cases can easily turn into a major case where the government gets involved. Similarly, intellectual property theft by employees revealing proprietary information to competitors can be very damaging, regardless of the outcome of the lawsuit. These kinds of cases require law firms that are not only capable of bulldozing opponents, but also possess the ability to finesse a compromise that prevents further damage and protects the firm's reputation.




About the Author:



No comments:

Post a Comment