Denver Commercial Litigation Lawyers

Litigation, by its nature, is complicated and involves high stakes. However, some commercial litigation cases become even more complicated due to the parties, jurisdictions, and issues involved.

When dealing with these cases, you need someone knowledgeable about commercial litigation and familiar with the processes courts use to manage complex cases.

The lawyers at Bush Group LLP. have extensive experience handling complex commercial litigation in both state and federal court.

Call today at 0000000000 or contact us to schedule a consultation.

What Is Commercial Litigation?

Complex commercial litigation requires a definition for three terms. First, “litigation” refers to the process of preparing, filing, and conducting a lawsuit.

Second, the term “commercial” can have many meanings. It can include any type of litigation involving a business entity like a corporation, partnership, or limited liability company. Under this broad definition, commercial litigation could include product liability, mass tort, and bankruptcy cases.

There is also a narrower definition. Under this one, commercial litigation involves disputes between business entities. Thus, a case between a company and its competitors, vendors, or lenders could qualify as commercial litigation. A case involving consumers or shareholders might not qualify under this narrower interpretation.

What Makes Litigation Complex?

The phrase “complex” refers to the practical or legal issues involved in the case. A case might be considered complex if it includes:

Multiple parties, such as a class action lawsuit
Parties located in different jurisdictions
Multiple claims
Claims across multiple fields of law
Massive amounts of evidence
Novel and complicated legal issues

Complex litigation might include a class action lawsuit by thousands of consumers across the U.S. allegedly defrauded by a cable company that overcharged them. Because of the number of parties, diversity of jurisdictions, and volume of evidence likely to be produced, the lawyers and court face many challenges in managing the case.

Types of Cases Where We Can Help

Many legal issues can spawn complex commercial litigation, including:

Partnership Disputes

A legal dispute involving a two-person partnership might not present many complexities. However, the case can get complex quickly if the dispute involves additional partners and legal issues.

Shareholder Litigation

Public companies can have millions of shareholders all around the world. Even closely held companies may have hundreds or thousands of equity owners. When the shareholders have a dispute with the company or its officers, the complexity of the litigation can explode.

Intellectual Property Infringement

Intellectual property does not necessarily involve multiple parties. But it can implicate complicated science, engineering, marketing, and authorship issues. These cases may also involve huge damage awards, reaching billions of dollars. Finally, these cases can involve entities around the globe, such as Asian manufacturers, European distributors, and U.S. importers.

Unfair Competition

In its simplest form, unfair competition happens when a company uses deceptive and misleading tactics to confuse consumers in the marketplace, thereby gaining an unfair advantage over competitors. These cases can involve intense investigation to uncover what happened. Both parties will also need expert witnesses to explain how consumers responded to it.

Civil Fraud and RICO

RICO was originally passed to combat organized crime. Now, it forms the basis of many cases when a company is accused of a pattern of consumer fraud. Civil fraud happens when a company intentionally utters a false representation meant to cause the hearer to do something in reliance on it.

For example, a company’s customers might have civil fraud and RICO claims against a company that misled them about the nature of a fee by deceptively labeling it as a “tax.”

Class Action

“Class action” refers to a court procedure in which a group of people across the country with similar claims band together in a litigation as a “class.” These cases may require commercial litigation lawyers to travel nationwide to build their case.

Multidistrict Litigation

“Multidistrict litigation” refers to another court procedure for simplifying a complex federal case. In these situations, the Judicial Panel on Multidistrict Litigation can transfer similar cases to a single court for pretrial proceedings to improve efficiency. Rather than using a single complex commercial litigation attorney, each party keeps its lawyer, and the cases remain separate even though they are handled together.

What Do Commercial Litigators Do?

Commercial litigation attorneys conduct lawsuits by performing tasks such as:

Pre-filing investigation
Preparing and filing pleadings
Requesting discovery and responding to discovery requests
Filing and replying to motions
Advocating at hearings
Selecting a jury
Presenting evidence and arguments at trial

The plaintiff’s complex commercial litigation lawyer will gather the evidence needed to prove all the elements of the plaintiff’s claim. The defendant’s lawyer’s goal is to rebut the plaintiff’s evidence and legal arguments. They may undermine the plaintiff’s evidence or gather evidence to disprove the elements.

At the same time, the Denver commercial litigation lawyer for each party will manage the voluminous evidence and multiple parties involved in the claim while traveling to multiple jurisdictions.

Complex Commercial Litigation FAQs

Here are some answers to frequently asked questions about complex commercial litigation:

Are class actions the same as multidistrict litigation?

Both procedures allow multiple plaintiffs with similar claims to gather evidence efficiently. However, the main difference is that all plaintiffs join a single case in class actions, while in multidistrict litigation, each case remains separate.

Does complex commercial litigation happen in state or federal court?

A complex commercial case can happen in either state or federal court. However, these cases often happen in federal court for a few reasons. First, federal courts have class action and multidistrict litigation procedures. Second, plaintiffs can use federal courts to sue defendants in different states. Third, many types of complex litigation fall under federal law, such as patent, antitrust, bankruptcy, and federal securities laws.

Our Practice Areas

Business Formation

Commercial Litigation

Protecting your interests may require going to court. If it does, our team is experienced in litigating breaches of contract, trademark and intellectual property disputes, creditors' rights in bankruptcies, and other commercial disputes.

Bringing the vision of your business to life is a huge undertaking with many potential pitfalls. Our team will assist your business with entity selection and structuring, contract drafting, tax planning, and more.

Business Transactions

From operations to growth, we'll counsel you on business dealings to keep your company running smoothly. We can assist with mergers and acquisitions, debt and equity transactions, joint venture structuring, licensing agreements, and other transactional matters.

U.S. Market Entry and Assitance

Conducting business across borders requires a global perspective and strategic mindset. Our business law attorneys advise international clients on matters related to commercial contracts, distributorships, company acquisitions, sales, commercial leases, executive employment agreements, regulatory compliance, trademarks, dispute resolution, and more.

Trademarks & Trade Secrets

"Intellectual assets such as trademarks and trade secrets are some of your most valuable property. We'll protect what's yours and maximize the value of your IP with proper licensing, enforcement, and due diligence.

Outside Corporate General Counsel

Business law issues can take many shapes and sizes. Whatever your needs, Bush Group LLP will provide guidance based on our years of experience. We've helped companies around the world achieve success in the United States.

TIMESHARE DEBT CANCELLATION

We begin by thoroughly reviewing your timeshare agreement, exploring all legal options for cancellation, and negotiating with timeshare companies on your behalf. Whether through consumer protection laws, legal action, or exit programs, we work diligently to ensure the best possible outcome for you.

If you're ready to free yourself from the burden of a timeshare, contact us today for a consultation. Let us help you reclaim your financial future.

Rob is an excellent attorney, who is well-versed in bankruptcy and litigation.

ANTON

Eric set up my terms and conditions for my travel agency and helped me write up all my contracts. He is communicative, patient, extremely knowledgeable and my go-to attorney for anything my business needs. I highly recommend Bush Group !

JESSICA