What is commercial litigation? | North Carolina Commercial Litigation Lawyer

Commercial litigation is a dispute between two businesses. This term is very broad and can encompass many cases. These disputes can be over franchise infringement, fraud, area and territory, company formation issues, and more.

If your company is in a dispute with another, call the Whited DelForge & Henkle, PLLC at 336-228-1433 for a free consultation.


Transcription

Keith Whited: Commercial just means business, and so as varied as businesses anywhere, that’s what the word commercial means, so if two businesses are in a dispute, it’s not like two consumers being in a dispute or someone who bought a product. It’s really a dispute between two business is what’s generally meant by a lawyer as commercial litigation. There is some court action that’s involving two separate businesses. Contract, generally … This generally has to do with some contract, either the failure to comply with a contract or the non-payment of a contract, so that’s generally what’s meant by commercial litigation.

It can include issues of fraud between two companies. Generally those issues of fraud have to do with consumers because they’ve been taken advantage of. Generally companies are on an even footing, and they get legal advice, and so it’s really hard for them to be a victim of fraud, though it can happen, particularly if you have a mom-and-pop company that has been taken advantage of by a larger company. That certainly can happen.

There are franchise issues. Small companies who are franchisees of larger companies have disputes about their franchise, either the loss of it or the expansion of it. There are disputes between two different franchisees about area and territory.

Commercial litigation is very broad. It can even have formation issues—whether the business itself was formed correctly and whether there was inappropriateness in its formation—and I’ve litigated all these cases.

Leave a Reply