Law Firm Services For Commercial Litigation NJ

By Linda Ruiz


Commercial law covers a vast range of issues that businesses, their management, investors, partners and the people and other entities who work for and with them have to deal with. One part of it is litigation, which can be anything from contract disputes to product liability claims and intellectual property infringements. These and other services related to commercial litigation NJ law firms provide require highly capable attorneys who know their way around both the state and federal courts and judicial processes involving multi-state jurisdictions.

This is not just about the lawyer's courtroom talents, because a lot depends on settling issues before they get to the courts. It requires someone who is comfortable and familiar with alternative dispute resolution and all the attendant rules and regulations. To be precise, the attorney should be a certified arbitrator as designated by the NJ Superior Court, and also as a mediator by the NJ Supreme Court.

Breach of contract is the most common type of case for which businesses require law firms. Contracts are a vital part of just about all transactions and business arrangements. When one party does not fulfill the terms, the lawyers get called in to sue the other party or defend their own client for the alleged breach.

Another common occurrence that needs a more delicate response is a disagreement between the people involved in the business. Two or more squabbling partners can easily end up destroying the business before eventually parting ways. The lawyer, if called in before it's too late, may be able to broker an amicable resolution or at least ensure that the business is not hurt when one or more partners quit.

Similarly, it is incumbent on the lawyer to ensure the firm isn't hurt when shareholders or other investors sue the management and/or directors. This is typically for breach of fiduciary duties. It means that executives or a member of the board is accused of hurting the company by making decisions that put their own interests ahead of what is best for the company.

Many businesses keep lawyers on a retainer for the express purpose of protecting the firm's interests, as and when such protection is required. Intellectual property is an ideal example here. It's not something that happens every day, but if someone is making unauthorized and unlicensed use of their client's copyrighted and trademarked materials, it has to be stopped.

Fighting back against product liability claims is one more critical area that needs a very good lawyer. A loss in a liability lawsuit will make insurance premiums unaffordable, or even worse - trigger a bigger class-action that will become unmanageable and bankrupt the company. Winning that first case or making it go away quickly is the best way to nip these forest fires in the bud.

Lawsuits filed by employees are just as dangerous. This can be about anything from discrimination and harassment to work-related injuries and restrictive covenants in employment contracts. These cases usually attract government support for defendants, and it is incumbent on the employer's lawyer to settle the issue before it becomes a public matter. Needless to say, it requires lawyers who are just as adept at compromise and public relations as they are destroying opponents in court.




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