Understanding Complex Commercial Litigation
The term “complex commercial litigation” is commonly used to describe court cases involving intricate commercial transactions with high stakes. Unlike standard commercial litigation, these “complex” cases often involve multiple parties, detailed operating agreements with complicated financing, substantial amounts of money, and valuable assets that a company or individual has painstakingly protected and grown.
Various Types of Complex Commercial Litigation
Cases that frequently fall into the “complex” category include:
Whistleblower / False Claims Act Cases: These types of cases involve clients who uncover legal or dangerous practices by an employer. Attorneys handling such cases must follow specific and strict legal procedures to preserve these claims. Filing a False Claims Act, also known as a “Qui Tam” case, requires close coordination with the Office of the U.S. Attorney.
Partnership or Shareholder Disputes: These cases involve broken-down relationships among business owners, threatening the viability and value of the interests held by one or more owners.
Oppressed Shareholder Cases: In these cases, a minority owner in a business has been treated unfairly or compensated inadequately, limiting their ability to address the oppression due to their minority status.
Intellectual Property Disputes: These cases involve the violation or misuse of copyrighted, trademarked, and/or patented intellectual properties.
Trade Secret Claims: Typically, these cases involve businesses seeking to enforce restrictive covenants, such as confidentiality provisions in purchase agreements or employment contracts. The aim is to protect against the release of trade secrets or other confidential information.
Unfair Competition or Non-Solicitation: Here, businesses seek to enforce non-solicitation or non-compete clauses in contracts or employment agreements to prevent unfair competition by former employees or parties to sale agreements. Individual clients often require legal protection against employers attempting to restrict their employees from working for a competitor.
First Amendment Cases: These incidents involve the suppression or questioning of one’s freedom of speech, religion, expression, assembly, and/or right to petition.Advertisement
Fraud: Cases falling into this category involve unlawful gains through intentional deception and/or unethical means, such as credit card fraud, fraudulent wire transfers, bank fraud, tax fraud, and more.
Preparing for Complex Commercial Litigation
While all legal matters have some degree of complexity, the cases described above fall into the category of “complex litigation.” The underlying agreements can be complicated, the stakes are high, and the matters can progress rapidly, often involving emergent court applications, injunction requests, and restraining orders. It is vital to seek assistance from experienced attorneys with the right set of skills to address these disputes effectively.
Experienced lawyers can quickly analyze and interpret the factual and legal complexities inherent in these matters. They develop strategies and procedures that realistically pursue outcomes maximizing their clients’ returns. Considering the potential for protracted disputes, experienced attorneys carefully formulate the right approach for their clients.
Thankfully, at Garrity Traina, our attorneys have successfully handled numerous complex litigation matters in both state and federal courts in New Jersey. If you require guidance in navigating a potential complex dispute, we offer free consultations to help you assess risks and the likelihood of success realistically.
Outcomes in Complex Commercial Litigation
Attorneys adequately prepared for these types of cases and scenarios will explore all available options to achieve the best possible outcome. Whether through a traditional courtroom victory, binding arbitration, or an out-of-court settlement, your attorney will assess all available avenues and help choose the course of action that minimizes costs while yielding the most favorable results for you and your business.