Litigation is the process of taking a dispute through Court. Commercial litigation generally involves two or more companies, or business people, who have been unable to negotiate a resolution of the dispute. Civil litigation is typically between individuals rather than companies or businesses. Court proceedings are commenced by a party to the dispute so that a Judge can determine the claim.
The similarities of civil and commercial litigation generally include the same processes, including the following:
• Working with a commercial litigation attorney
• Conducting investigations based on facts
• Researching applicable laws
• Sending and receiving demand letters
• Engaging in settlement negotiations
• Filing suit
• Conducting discovery
• Participating in motion practice
• Putting the case before a judge or jury
• Filing post-trial motions
• And more
Commercial and civil litigations differ in their complexity. Instead of dealing with just individuals, businesses involved are typically more specialized, both legally and factually. It’s often that this type of litigation is also filed in federal court and can also be a class action or multi-district litigation.