Basics of Commercial Litigation Law
Business Law, or commercial law, is typically thought of as a separate branch of civil law; however, it actually has much in common with other forms of the law. Commercial law focuses on matters pertaining to trade or commerce, including contract law, consumer protection, and intellectual property law. It is generally a branch of law that deals with legal disputes between individuals or companies and those who have an interest in the subject. This type of law can also be referred to as “employment law.”
The most common forms of business law include personal injury litigation, employment law, securities law, bankruptcy law, landlord & tenant law, labor law, and tort law. Each of these areas has special types of cases which can affect your business.
Personal Injury law deals primarily with personal injuries sustained due to negligence of another person or company. Examples include: car accidents, construction site accidents, industrial accidents, workplace accidents, motorcycle accidents, airplane accidents, etc. In these instances, personal injury attorneys are usually hired to handle the litigation. It can sometimes be difficult for a business to prove a personal injury case; therefore, they often hire these attorneys.
Employment law refers to the laws that govern the rights of employees (employees) and their employers. It covers issues like discrimination, sexual harassment, and hiring and firing practices. Employers and employees are also protected by civil law in terms of their right to union organizing. This is also a very broad area of the law which can affect your business.
Tort Law is the area of the law that deals specifically with legal disputes between individual and government entities such as the Internal Revenue Service, insurance companies, and law enforcement agencies. A plaintiff (person filing the suit) can sue an entity for any damages he or she sustains because of that entity’s actions or failure to act appropriately. There are several types of lawsuits for tort law; however, the most common are medical malpractice, product liability, breach of warranty, and negligence suits.
If you are considering starting a business or are working in the private practice arena, you may wish to consider becoming a commercial litigation attorney. These lawyers help clients navigate through the legal system and assist them with cases that involve contracts, securities, consumer protection, property and contract issues, etc. In many cases, they also represent small businesses in a variety of disputes that can occur. This type of lawyer can also provide information about the various areas of business law and what you can expect to learn as a professional litigator.