The Jensen Litigation Firm, PLLC represents businesses in a wide range of commercial litigation. Businesses hire us to understand their contractual rights, protect their reputation, and champion their cause. If your business needs an attorney to handle a commercial dispute, we can help. Contact us now before the dispute escalates.
What is commercial litigation?
Commercial litigation involves disputes between businesses. Most commercial disputes involve contracts for goods or services, but there may be other legal issues causing the dispute.
What issues should I look for in commercial contracts?
In commercial contract disputes, the focus is typically on whether a party performed under the contract. The contracts are often complex, and investigation of the underlying facts may be necessary. You or your attorney may need to review issues such as:
- What state's laws govern the contract, and what court is the venue for a lawsuit?
- Is there an integration or merger clause in the contract, or can outside evidence such as oral modifications supplement the contract?
- Are the contract terms clear, or is there an ambiguity that allows outside evidence?
- Did either party breach the contract and was any breach material?
- What remedies are available to the non-breaching party?
For more questions about breach of contract issues, see 50 FAQs About Breach of Contract in Minnesota.
While litigation involves cost and uncertainty, there may be strategic benefits to litigating the dispute. If there is a long-term benefit to the business or a high-value asset, then it can be crucial to contact an attorney soon.
At the earliest signs of a potential dispute, parties should check any contract to confirm their contractual obligations; to see if the other party met their obligations; to understand dispute resolution procedures, such as filing deadlines for arbitration; to check whether liquidated damages are applicable; and to develop a strategy if commercial litigation ensues.
What other claims might I have in a commercial dispute?
Commercial disputes may also involve legal claims other than a breach of contract. Other claims may include:
- Fraud
- Misrepresentation
- Trade secret misappropriation
- Tortious interference with contract
- Tortious interference with business advantage
- Unfair trade practices
- Business defamation
- Product disparagement
- False advertising
- Unjust enrichment
- Breach of non-compete issues.
- Claims under the Uniform Commercial Code (Chapter 336 of Minnesota Statutes)
- Creditor claims
- Tort Claims
Why is it important to hire an attorney for a commercial dispute?
It is important to select an attorney that will fight for your company's interests, but also integrate the legal strategy into the company's larger strategy. Businesses should expect the attorney to have business acumen and help the business understand how to maximize value in the case.
We have the knowledge and experience to handle commercial disputes. Do not hesitate to contact us if:
- You are in a dispute over a commercial contract or have been sued.
- Your proprietary information has been taken or misappropriated.
- Your key employee has been hired by a competitor and is competing against you.
- A third party interfered with your commercial contract and caused you damages.
- You are a lender whose loan collateral is tied up in a commercial dispute.
- You simply want to know your legal rights under a commercial contract.
With offices in Shakopee (Scott County) and Litchfield (Meeker County), we handle commercial disputes throughout the Twin Cities and Greater Minnesota.