There are a huge number of laws on the state and federal level that apply to business transactions. These laws range from the Securities Act of 1933 to the anti-discrimination provisions of Title VII of the Civil Rights Act to wage and hour laws to the Uniform Commercial Code. Some laws impose limitations on businesses and others govern commercial transactions and vest rights in commercial enterprises. The laws not only establish the obligations that businesses have to the public, but also address the relationships between different commercial enterprises.
In some cases, disputes arise when business transactions occur. These disputes are resolved by using the legal system and applying state and federal laws relevant to the issue. The process of taking legal action because of a dispute involving a business transaction is referred to as commercial litigation. An experienced San Diego business lawyer at Sepahi Law Group, APC can help you if you become involved in commercial litigation in California. Call today to schedule a consultation and learn more.
What is Commercial Litigation in California?
Commercial litigation in California is very broad because commercial laws have been established regulating almost every aspect of doing business. Commercial litigation can arise from laws related to:
- Advertising and marketing
- Intellectual property
- Debt collection
- Securities transactions
- Consumer protection
- Consumer fraud
A business can be a plaintiff or a defendant in a commercial litigation action. For example, a company could file a lawsuit to protect its intellectual property right if someone has taken the company’s copyrighted material or is producing a patented invention without permission. A business could also be named as a defendant in a lawsuit for breach of warranty; deceptive marketing or violations of securities laws that have an adverse impact on shareholders.
Litigation arising out of commercial laws may be filed in state court or in federal court, depending upon the law applicable to the dispute. If the litigation arises from federal law or if the parties are from different states and more than $75,000 is at stake, then the case can be heard in federal court. If the litigation arises from state law, then the case can be heard in state court.
A commercial litigation case can be filed by an individual against a company, a company against an individual, or one business against another. Many cases end up settling outside of court after the parties negotiate an agreement, while other types of commercial disputes are resolved through alternative dispute resolution. Contracts frequently contain arbitration clauses, for example, in order to prevent legal disputes from ending up in court.
When your case does go to court, it is imperative you are resented by an experienced San Diego business lawyer who has a track record of successfully representing clients involved in commercial litigation in California. Your attorney can help you to understand the legal issues at stake in your case and can help you to conduct an investigation, find witnesses and put together the strong possible claim. Call the Sepahi Law Group today to learn more about how a lawyer can represent you.