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A commercial dispute is something that no organization wants to get involved in, but it is sometimes an inevitable aspect of conducting business. When a business dispute arises, it’s best to find a commercial litigation attorney as soon as possible so the situation doesn’t escalate into something more difficult and expensive to resolve.

Commercial litigation has been one of Helmsing Leach’s core practice areas since the firm’s inception more than forty years ago. Our litigators are known for achieving favorable outcomes in bet-the-company cases through successful dispositive motions, favorable settlements, or, when necessary, going to trial. Our firm has handled matters from the straightforward to the most complex in federal and state courts across Alabama, the southeast, and the United States. In the context of commercial litigation, we are not only a defense firm—we also regularly prosecute claims on behalf of our business clients.

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What is Commercial Litigation?

Commercial litigation involves a dispute between businesses, a business and a governmental entity, or an employee and an employer. Although it can be time-consuming and expensive, commercial litigation is sometimes a crucial part of making sure business operations go without a hitch.

Commercial disputes often involve two or more organizations. Because of this, the issues that are brought up are often more complicated or specialized than in regular civil litigation.

The commercial litigation attorneys at Helmsing Leach are experts in handling business-related disputes, including:

Areas of Litigation Experience & Expertise

  • Alabama Digital Crime Act
  • Anti-Kickback Statute
  • Antitrust (Sherman Act and Clayton Act claims)
  • Bankruptcy litigation, including dischargeability, insolvency and preference (lien avoidance)
  • Breach of contract
  • Breach of fiduciary duty
  • Business disputes
  • Computer Fraud and Abuse Act
  • Construction litigation
  • Corporate dissolutions
  • Deceptive trade practice claims
  • Defamation, libel and slander
  • Director and officer claims
  • Employee Retirement Income Security Act (ERISA) Claims
  • Enforcement and defense of non-competition agreements
  • Extraordinary and emergency relief (attachments, temporary restraining orders (TROs), preliminary injunctions, injunctions)
  • False Claims Act
  • Fiduciary duty claims
  • Franchise and distributorship disputes
  • Fraud (including promissory fraud, fraudulent misrepresentation, fraudulent suppression)
  • Fraudulent conveyances and transfers
  • Inheritance disputes
  • Intellectual property claims (patent, copyright and trademark, including Lanham Act claims)
  • Insolvency litigation
  • Licensing disputes
  • Medicare and Medicaid fraud
  • Misappropriation of trade secrets
  • Mortgage servicing litigation
  • Officer and director liability
  • Oil and gas litigation
  • Qui tam actions
  • Racketeer Influenced and Corrupt Organizations Act (RICO) claims
  • Securities fraud
  • Shareholder derivative suits
  • Stark Law
  • Tax litigation
  • Trade secret and noncompete claims
  • Trust and trustee litigation
  • Unfair trade practices
  • Violations of federal False Claims Act
  • Warranty claims

Representative Reported Cases

  • Deposit Guaranty Nat. Bank. v. Roper, 445 U.S. 326 (1980)
  • The Mitchell Co., Inc., v. Campus, 2008 WL 183344 (S.D. Ala. 2008)
  • Ex parte Novartis Pharmaceuticals Corp., 991 So2d. 1263 (Ala. 2008)
  • Alfa Mut. Ins. Co. v. City of Mobile, 981 So. 2d 371 (Ala. 2007)
  • Central Alabama Comprehensive Health Care, Inc. v. Aventis Pharmaceuticals, Inc., 427 F.Supp. 2d 1129 (M.D. Ala. 2006)
  • Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004)
  • Parsons & Whittemore Enterprises Corporation v. Cello Energy, LLC, 2011 WL 382813 (S.D.Ala. ____)

Do you Need a Commercial Litigation Lawyer in Alabama?

Legal issues can be catastrophic for a business. It’s crucial to resolve conflicts as soon as possible so that you can get back to running your business without distraction.

With the right team, a company can resolve business disputes in a timely and cost-effective manner. The commercial litigation attorneys at Helmsing Leach have a proven track record in this area of the law.

We are experts at handling high-stakes litigation for corporate executives, boards of directors, business owners, and companies. Our commercial litigation lawyers have tried hundreds of cases in court and settled many more through ADR (alternative dispute resolution) methods and other out-of-court agreements. We work closely with our clients and adopt a proactive strategy to exert control over the litigation or dispute resolution process.

If going to court is your only remaining option for saving your business, we will do whatever it takes to win your case. We will go to great lengths to protect your business interests and deliver the best possible results.

Question & Answer

If you find yourself in a commercial litigation dispute, It’s crucial that you seek legal counsel as soon as possible. Commercial litigation experts bring priceless professional insight to the case. They can help you better understand the scope of your legal rights and how to pursue your case in court to improve your chances of success.

Commercial litigation attorneys represent clients throughout the legal process, from pre-trial negotiations and discovery to the actual trial and any necessary appeals. They provide legal counsel and strategic advice to ensure that their clients’ best interests are protected and they have the best possible chance of winning their cases in court.

Cases involving breach of contract, business torts, partnership and shareholder disputes, intellectual property disputes, employment disputes, and other commercial matters can benefit from the expertise of a commercial litigation lawyer.

The time it takes to resolve or reach a verdict for a commercial dispute depends on several factors. These factors typically include the nature of the dispute, the parties’ willingness to negotiate a settlement, and the court’s calendar or workload. Some cases are resolved within weeks, but others may take years.

The cost of hiring a commercial litigation lawyer can vary depending on the complexity of the case and the lawyer’s level of experience and reputation, among other things. Seasoned attorneys and reputable law firms tend to charge higher than their newer counterparts, but you also benefit from their expertise and experience in the field. Many attorneys charge an hourly rate, while others may work on a contingency fee basis, where they only get paid if you win your case.

Parties involved in a commercial dispute may utilize alternative dispute resolution (ADR) methods, such as mediation and arbitration, to resolve commercial disputes outside the courtroom. These settlement methods are usually faster, less expensive, and more flexible than traditional litigation.

Mediation is a non-binding ADR where a neutral third party helps the parties reach a mutually acceptable agreement. Arbitration, on the other hand, is a binding form of ADR where a neutral third party makes a decision on the dispute, which is typically final and enforceable. Helmsing Law has extensive experience in arbitrating commercial disputes.

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