Commercial  Litigation

Commercial litigation can be complex and often involves significant financial stakes. Parties involved may try to resolve disputes through negotiation, mediation, or arbitration before resorting to court litigation. However, if a resolution cannot be reached through alternative means, the parties may proceed to court, where a judge or jury will decide the outcome of the case. The goal of commercial litigation is to provide a fair and just resolution to the parties involved and to enforce contractual obligations and legal rights in the business context. The time frame for resolution of your claim can vary, but pursuing legal action can be a lengthy process. 

An attorney can assist you in navigating the litigation process, providing legal advice, drafting pleadings, conducting discovery, and exploring all appropriate legal avenues to protect your small business. Once a judgment is received, an attorney has the ability to subpoena company financial records and ensure that your judgment gets paid.

Commercial litigation refers to the legal disputes and court proceedings that arise in the context of business and commercial transactions.

It involves resolving conflicts and disagreements between businesses, individuals, or entities engaged in commercial activities. Commercial litigation covers a broad range of issues, and the disputes can arise from various aspects of business relationships, contracts, and transactions. Typical areas of commercial litigation include:

  1. Breach of Contract: Disputes may arise when one party fails to fulfill its obligations as outlined in a contract, oral agreement, or common business practice.

  2. Business Torts: These are intentional or negligent wrongful acts committed against a business, such as fraud, misrepresentation, interference with business relationships, or unfair competition.

  3. Employment Disputes: Disagreements between employers and employees, such as wrongful termination, discrimination, or breach of employment contracts.

  4. Intellectual Property Disputes: Conflicts over the use of patents, trademarks, copyrights, and other trade secrets.

  5. Real Estate Disputes: Legal issues related to real property transactions, leases, land use, or mineral rights.

  6. Shareholder Disputes: Conflicts among shareholders of a company, including issues related to control, management, dissolution, sale, and financial matters.

  7. Antitrust and Trade Regulation: Disputes related to competition law, monopolies, and unfair business practices.

  8. Debt Collection: Pursuing legal action to recover on unpaid accounts receivable owed by businesses or individuals.

FAQs about Commercial Litigation in Michigan

  1. What is commercial litigation, and when might my business need legal assistance in this area?

    Commercial litigation refers to legal disputes arising in the business context. Your business may require legal assistance if facing issues such as contract disputes, employment conflicts, intellectual property disputes, or other commercial disagreements. Your business will likely require legal representation because an LLC cannot represent itself before a Michigan Court. 

  2. How can I avoid commercial litigation for my business?

    While not all disputes can be prevented, careful drafting and review of all contracts and worker agreements, adherence to state and federal regulations, and proactive resolution of any issues can minimize the likelihood of litigation.

  3. What steps should I take if my business is involved in a legal dispute?

    If you are served with notification of a legal action, you should contact counsel immediately. There will be strict time requirements for any response, and it is best to review all defenses with an attorney. Counsel will assess your situation, explore alternative dispute resolution options, and guide you through the process, whether through negotiation, mediation, or, if necessary, litigation.

  4. How long does commercial litigation typically take?

    The duration of commercial litigation varies based on the complexity of the case and the chosen dispute resolution method. Thompson Legal strives to efficiently navigate the legal process to achieve a favorable resolution for your business. Actions that are resolved through settlement or early summary dismissal may only take a few months, which suits that require discovery or a trial will likely exceed a year. 

  5. What courts does Thompson Legal practice in for commercial litigation in Michigan?

    Our firm practices primarily in Wayne, Oakland, and Monroe Counties, as well as throughout most courts throughout the state. We have extensive experience in Michigan courts, providing comprehensive representation for businesses across the state.

  6. How much does commercial litigation representation cost?

    The cost depends on the complexity of the case, the amount of legal work required, and the chosen dispute resolution method. Thompson Legal offers transparent fee structures and will discuss costs with you during the initial consultation.

  7. Can I resolve a commercial dispute without going to court?

    Yes, alternative dispute resolution methods such as negotiation and mediation are often effective. Thompson Legal will assess the situation and recommend the most suitable approach to achieve a favorable resolution for your business.

  8. What types of commercial cases does Thompson Legal handle?

    We handle a wide range of commercial cases, including breach of contract, business torts, employment disputes, intellectual property conflicts, real estate disputes, shareholder conflicts, antitrust matters, and debt collection issues.

  9. What sets Thompson Legal apart in handling commercial litigation for businesses?

    With years of experience both as a business owner and protecting business owners through litigation, Thompson Legal combines legal expertise with a deep understanding of Michigan's business landscape. Our proactive and strategic approach aims to protect your business interests and achieve optimal results.

  10. How do I schedule a consultation with Thompson Legal for my business?

    Contact our office at (734) 743-1646 or email our office to schedule a consultation. Thompson Legal is here to provide tailored legal solutions to safeguard and enhance your business in Michigan.

Please note that this FAQ is intended as a general guideline and should not be considered legal advice. If you have specific questions or need legal assistance related to commercial litigation, it is advisable to consult with an experienced business attorney who specializes in litigation.

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