Commercial litigation, often referred to as business litigation, refers to civil litigation where one or more parties is a business. While the terms are often used interchangeably, there are specific differences between business litigation vs. commercial litigation. Yet there is also a great deal of overlap between the two.
Usually, commercial litigation attorneys can also cover business lawsuits, but it is best to inquire first. In general, when an individual sues a company, the distinctions between the two types of litigation will not affect the plaintiff. However, the business that is being sued should have representation based on the type of violation that is alleged.
Types of Commercial Disputes
Part of the confusion when discussing the differences between business litigation vs. commercial litigation is that we often use terms like business, corporate, and commercial interchangeably. Overall, the following are considered types of commercial disputes, even though some relate to business litigation rather than commercial litigation:
- Breach of contract
- Breach of fiduciary responsibility
- Intellectual property and patent infringement
- Labor disputes
- Partnership disputes
- Fraud and misrepresentation
- LLC member disputes
- Real estate, land use, and environmental litigation
- Trade secrets and unfair competition
- Product liability
- Shareholder disputes
- Debtor/creditor disputes
- Restrictive covenant
This list is not exhaustive. However, it highlights the nature of many disputes that can arise between a company and its customers, two or more companies, or between a company and some of its officers, shareholders, or employees. When litigating these issues, they are typically sorted into business litigation vs. commercial litigation, based on the type of behavior the dispute is based on.
Business Litigation vs. Commercial Litigation
The distinction between business litigation vs. commercial litigation is in the labeling. Commercial litigation covers lawsuits based on commercial activity, like buying, selling, financing, or transporting goods and services. These issues are regulated by the Uniform Commercial Code (UCC). Business litigation, however, refers to matters involving business administration, such as mergers, acquisitions, workplace safety, employment regulations, shareholder rights, licensing, and environmental laws.
In general, both commercial litigation and business litigation primarily deal with civil law disputes, where the remedies involve financial compensation and policy changes rather than prison time. Both types of litigation involve at least one business and tend to be more complex and more expensive than other forms of civil litigation. They may also represent conflicts between two or more companies or a business and many individuals. In general, the conflict between a business entity and many individuals becomes the basis of a mass tort.
What is Commercial Litigation?
Commercial litigation is the process of resolving civil disputes where at least one party is a business, and the dispute involves commerce activities. These disputes are generally based on the following:
- Product quality
- Product manufacture
- Product transport
- Product financing
Product liability cases make up the majority of commercial litigation suits. These cases may include allegations of:
- Defective product design
- Missing safeguards that render products dangerous
- Hidden defects that become apparent over time
- Failure to warn or inadequate safety warnings
- Toxic chemicals
- Dangerous malfunctions
Commercial Litigation Cases We Fund
At Tribeca Lawsuit Loans, we have extensive experience working with clients to find their commercial litigation. We have helped people to pay their bills while they pursued cases and mass torts like:
- Antitrust Cases
- Aviation Disputes
- Bad Faith Cases
- Breach of Contract Actions
- Breach of Duty Cases
- Business Torts
- Class Action Lawsuits
- Construction Cases
- Debtor or Creditor Actions
- Derivative Actions
- Employment Cases
- Fraud Actions
- Insurance Coverage Cases
- Intellectual Property (IP) and Patent Infringement Cases
- Labor Cases
- LLC Membership Disputes
- Misrepresentation Actions
- Product Liability Claims
- Securities Litigation
- Shareholder Issues
- Tax Disputes
- Tortious Interference
- Trade Secret Lawsuits
- Unfair Competition Actions
Among many others! The list of commercial cases we fund is always growing. If you don’t see your issue listed but would like to inquire about commercial litigation funding, please contact us at (866) 388-2288. We’ll be happy to assist you!
What is Business Litigation?
Business litigation concerns how a company does business rather than the products it produces. For instance, if Company A makes a product that hurts its consumers, then commercial litigation will be required to secure compensation. However, if the same company violated a patent when they produced a product, that would fall under business litigation.
Business Litigation Cases We Fund
We fund a broad array of business litigation cases, including:
- Breach of contract
- Real estate disputes
- Class actions
- Intellectual property disputes
- Shareholder oppression
- Zoning and land use disputes
- Automotive industry issues
- Insurance coverage disputes
- Breach of fiduciary duty
- Commercial debt collection
- Product liability
- Tortious interference with contracts or business relationships
- Partnership disputes
Whether you need funding for business litigation or commercial litigation, Tribeca stands ready to assist you. We have the capacity to provide the funding you need to see your case through to its resolution.
Is Business Law and Commercial Law the Same?
Although commercial and business litigation are distinct, they are closely related and are based on business law. While commercial law regulates how business entities conduct commerce, business law regulates all the ways companies do business. So, commercial law is a subset of business law.
Do I Need Commercial or Business Legal Representation?
An individual whom a business entity has harmed requires representation by an attorney who is an expert at identifying damages and tying them to a company’s actions. Typically, this attorney can handle both commercial and business litigation. However, when a business entity is either the plaintiff or the defendant, it should be represented by counsel trained in the specific aspect of business litigation involved.
What is Commercial Litigation Funding?
If you have been harmed by a business and seek financial compensation through litigation, buckle up for a long fight. Although the harm you experienced may need immediate attention through medical care or the repairs of property damage, your case will likely take years to resolve.
This lengthy process is partly due to the court system’s slow process, but it’s also caused by intentional stalling tactics. Unfortunately, it is common practice in defending against commercial litigation to drag out the proceedings. The goal is for your financial hardships to build to the point that you will eagerly take a lowball offer to pay your bills rather than hold out for the full value of your case. Commercial litigation funding empowers you to counter this strategy.
Commercial litigation funding acts as a cash advance on your future settlement. Tribeca Lawsuit Loans connects with your attorney to determine the value of your case. Then, we loan you a portion of that anticipated compensation, typically 10-30%. You are free to use this money to pay your bills, make your rent, or in any other way you choose. This allows you to resist the pressure to settle for mere pennies on the dollar.
Because you can relieve the financial pressure and give your attorney the time they need to negotiate your settlement, commercial litigation funding helps you get a better settlement. And once Tribeca is invested in the successful outcome of your case, we can do more. We may elect to provide case funding for your legal team to cover steep litigation costs like expert witnesses, which can strengthen your case.
How Does Commercial Litigation Funding Work?
Commercial litigation funding is quite different from conventional lending. It does not require a credit check, income verification, or evaluation of your assets. This is because commercial lawsuit loans are structured as non-recourse loans. What distinguishes non-recourse loans from other loans is that the loan’s collateral is the sole source of money that can be used to repay a non-recourse loan.
Commercial litigation uses your future compensation as the loan’s collateral. And, because the loan is non-recourse, your income, property, and other assets can never be attached to repay the loan. We charge only a simple, non-compounding interest rate. You’ll never face monthly payments or risk having your wages garnished. When your compensation is funded, your attorney cuts us a check for our agreed-upon portion, deducts their fees, and you get the rest. It’s that simple. Non-recourse loans are risk-free for the borrower — if you lose your case, you owe us nothing!
How to Apply for Commercial Litigation Funding
If you are the plaintiff in a commercial lawsuit or you have a case you are planning to file, applying for commercial litigation funding is quick and straightforward:
- You Apply: Visit our Apply Now page to provide some basic information about your case and your attorney’s contact information.
- We Evaluate: Our underwriters contact your legal team to investigate the specifics of your case to determine the loan we can offer.
- You get Your Money: Once the contracts have been signed, we will deposit your money into your account within 24-48 hours!
When people apply for commercial litigation funding, they are often desperate for financial relief. We work fast, but you can further speed up the process. Once you apply, please contact your attorney. Let them know you have applied for commercial litigation funding from Tribeca Lawsuit Loans and that you authorize them to communicate with us about your case. In some instances, we have been able to fund the loan the same day!
Applying for Commercial Litigation Funding is FREE!
If you need financing to support you while you pursue commercial litigation, Tribeca Lawsuit Loans can help! Please visit our Apply Now page to tell us about your case, or feel free to call us at (866) 388-2288. One of our friendly team members will be happy to assist you.
It costs you nothing to learn what we can do for you!