Civil litigation is a lawsuit between two parties, which may include businesses or companies, to enforce or defend a legal right, where the plaintiff often seeks compensation in the form of monetary damages or specific performance from the defendant. Many different types of lawsuits fall under the umbrella of civil litigation – business litigation, personal injury litigation, defamation action, discrimination, assault, theft, drunken driving, etc.
Commercial litigation is generally when solely businesses or companies are involved in a dispute. The process is the same as other civil litigation matters, but the content is specific to specialized and complex business involvement, rather than just between individuals. These can involve shareholder disputes, business torts, breach of contract, breach of fiduciary duty, fraud and misrepresentation, partnership disputes, construction, product liability, privacy, cybersecurity and data breach, bad faith, etc.
Litigation generally involves the following process:
- Interviewing client and conducting an initial case investigation
- Drafting pleadings, complaints, answers, motions
- Propounding and responding to interrogatories, discovery requests, depositions
- Determining overall trial strategy
- Conducting settlement negotiations
- Appearing and arguing for clients in court