5 Beginner Facts About Commercial and Civil Litigation
Commercial litigation deals with any business issues. Litigation means anything in the court process such as filing, pursuing, and defending against lawsuits. If you’re the owner of a small- to medium-sized business, you may have never needed the services of a commercial litigator, especially if you work in the area where litigation is infrequent.
As your business grows, however, you might find yourself requiring a commercial litigation lawyer, so it’s important to understand how one might help you and your business.
1. Commercial vs Civil Litigation
Civil litigation deals with a lawsuit between two parties where the plaintiff seeks compensation from the defendant. Lots of different types of lawsuits come under the umbrella of civil litigation. In any case where a business or company is involved, the lawsuit will be commercial, not civil. This is not to say that the process will be much different than in a civil litigation issue.
The main difference is that it involves a business rather than just individuals. In most cases, the issues involved are typically more complex and specialized compared to a civil lawsuit. Commercial litigation can be multi-district, class action, and is often filed in federal court. Last, commercial litigation often lasts years compared to civil litigation, and can be more expensive because of the costs of discovery and forensic experts.
2. Trends in Commercial Litigation
Laws change, political administrations change, court appointments change, rules and regulations change, the business landscape changes, and the economy changes. The environment of commercial litigation isn’t any different, and several areas of business litigation have already or are getting ready to change.
On a yearly basis, the volume of litigation increases, and so does the time required to resolve cases. A couple of the areas of commercial litigation that have experienced increased volume include cybersecurity/data breach litigation and employment litigation.
3. Cybersecurity and Data Breach Litigation
As the scale, frequency, and sophistication of cyber-attacks and data breaches increase, related litigation will increase. The average total cost of a data breach is $3.62 million globally, and the average global cost per stolen or lost record is $141.
In this type of litigation, plaintiffs have to show they’ve had concrete injury. Jurisdictions continue to expand and pass laws to protect consumer data, which offer consumers with more avenues to seek relief for breaches, which means an increase in lawsuits.
4. Employment Litigation
Employment disputes are expensive, drawn-out, and can be severely injurious to the reputation of the employer. This type of disputes is increasing and the trend is expected to continue.
5. Types of Commercial Litigation Disputes
General commercial litigation can involve pretty much any kind of dispute that could arise in the context of business, including, but not limited to:
- class action suits
- bad faith
- business torts
- breach of contract cases
- shareholder issues
- aviation disputes
- breach of fiduciary duty allegations
- privacy, cybersecurity, and data breach
- intellectual property and patent infringement
- construction liens
- product liability
- insurance and professional liability
- internal investigations
- crisis and risk management
- securities litigation
- banking litigation
- international arbitration
- derivatives litigation
- employment discrimination
- real estate disputes
- sexual harassment claims