Commercial litigation is rarely a simple process, but some cases are much more complicated than others. Complex commercial litigation is essentially business litigation that comes with significant complicating factors. That often means it involves very large transactions, contracts with several parties involved, or very intricate concepts that can be hard for the average person to understand. Due to the characteristics of complex commercial litigation, it frequently takes years to resolve. This kind of lengthy process is often very expensive, and working with an attorney who has experience in this area of the law is essential if you want to increase your chances of securing a favorable outcome.
If you’re facing complex commercial litigation or think you may be soon, retaining a business lawyer with the right experience is imperative. Attorneys familiar with these kinds of cases can disentangle confusing legal concepts, and in some cases, they might be able to help you avoid litigation altogether by using alternative dispute resolution strategies.
Characteristics of Complex Commercial Litigation
Complex commercial litigation has multiple features that make it more challenging than your average business dispute. There are many different ways a business dispute can be complicated, but these are some of the more typical kinds of complex commercial litigation.
Antitrust Violations
Antitrust cases are almost always complex. They usually involve multiple large companies, and in many cases, an attorney must thoroughly understand market dynamics in order to build a strong case.
Securities Fraud
The laws surrounding securities are especially intricate. When you involve multiple parties and multiple jurisdictions, securities fraud cases can become very complex very quickly.
Complicated Breaches of Contract
Some cases involving an alleged breach of contract are straightforward. However, when the contracts involved are especially intricate or involve many different parties, the case might involve complex commercial litigation.
Intellectual Property Disputes
Often, the intellectual property at the center of disputes is incredibly technical or difficult to understand. In order to represent you effectively, your lawyer must be able to understand the nuances of that intellectual property — and possibly even explain it to a judge or jury.
The Stages of Complex Commercial Litigation
Complex commercial litigation generally follows the same steps as every other kind of business litigation, but those steps often take longer. Your case will likely follow these stages.
Research and Investigation
Once you’ve retained an attorney, your lawyer will thoroughly research your case. Complex commercial litigation cases can potentially involve thousands (or even millions) of pages of documents, so even this initial step can be lengthy.
Negotiation
Your lawyer might negotiate with the other side to attempt to resolve the issue without going to court.
Filing a Lawsuit
If negotiations and other kinds of alternative dispute resolution (ADR) are not successful, one side may file a lawsuit against the other.
Discovery
This is when attorneys for both sides exchange the evidence they’ve gathered while researching the case.
Pre-Trial Motions
Before the case actually goes to trial, both attorneys may file several different kinds of motions to try to resolve some types of issues before the trial.
Trial
In the trial phase, both sides argue their cases and present evidence to a judge or jury, who then decides the result. After the trial, you may be able to appeal the outcome.
Key Strategies for Navigating Complex Commercial Litigation
Any experienced business lawyer knows there’s an art to handling complex commercial litigation cases. We develop a unique strategy for every case, but we’ve found these principles to be helpful:
- Always take the time to thoroughly understand the case and the subject matter.
- Know when to object to discovery requests.
- Have a solid understanding of the other side.
- Take the time to identify every potential outcome and develop a response to it.
- When possible, settle or use ADR tools.
During your consultation with us, we begin to get an understanding of your case and which strategies may be the most effective.
At Weisblatt Law Firm, we’ve seen firsthand what kinds of strategies work when it comes to complex commercial litigation — and which ones don’t. Call us at (713) 666-1981 for a free phone consultation.
Common Challenges and Pitfalls
It takes experience to identify and avoid many of the common pitfalls of complex commercial litigation. Our team may be able to help you avoid problems like these:
- Difficulty managing the volume of discovery documents
- Trouble handling the multiple jurisdictions involved in your case
- Not knowing when it’s best to settle (and when it’s best to go to court)
- Not understanding the time commitment needed to properly prepare.
The stakes are high in any complex commercial litigation case. But when you know what pitfalls to look out for, you’re more likely to minimize the cost of litigation and increase your chances of a favorable outcome.
The Role of Alternative Dispute Resolution (ADR)
You May Be Able to Resolve Your Dispute Without Litigation
Some types of business disputes simply can’t be resolved outside of a courtroom. But if you can avoid litigation and use an ADR method, you’ll be able to save yourself considerable money, time, and energy.
There are more types of ADR than you probably realize, but these are some of the most common:
- Arbitration: Both sides present their cases to an impartial arbitrator who then issues a ruling.
- Mediation: A third-party mediator helps guide both sides toward a mutual agreement (but does not make decisions for them).
- Negotiation: Instead of working with a mediator or arbitrator, the attorneys for both sides attempt to come to an agreement.
At Weisblatt Law Firm, we’ve helped many clients use alternative resolution methods to solve their business disputes. However, if your issue is one that must be litigated, we can guide you through the commercial litigation process, too.
Dealing With Complex Commercial Litigation? We’re Here for You
Protect Yourself and Your Business with the Right Legal Representation
If you’ve found yourself embroiled in a complex business dispute, the first thing you should do is retain an attorney. And when that attorney understands how to handle cases like yours, you can be assured that you’ll receive personalized guidance and support throughout this often arduous process.
If you’re dealing with the possibility of complex commercial litigation, don’t wait! Call Weisblatt Law Firm at (713) 666-1981.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
