This Is B2B, Not C2C! Different Types Of Documentation And Discovery For Commercial Litigation


Commercial litigation is different than other types of lawsuits. In personal injury cases and other types of similar litigation, one of the parties is an individual or a family, and other parties may comprise businesses, government agencies or some other type of organizational office.

Commercial litigation is a little different--if you're involved in commercial litigation, or contemplating this type of lawsuit, read on to discover some of the ways that lawyers work through a commercial litigation case and achieve resolution that is fair and equitable to both parties.


Contracts are the foundation for many types of resolution of commercial litigation situations. That's why these types of legal specialists are sometimes called "contract lawyers." By reading the contract in detail and evaluating it well, lawyers will help resolve a conflict that's based on contractual obligations and whether they were maintained. Lawyers may recommend settlement, trial or arbitration to their clients.


In certain types of commercial litigation where money is the issue, invoices are a useful type of documentation and evidence. These may be traditionally filed invoices or "pro forma invoices" that get sent before payment is due. In any case, lawyers will review these to understand more about commercial transactions that may be in question.

Service Level Agreements

A service level agreement is, in many ways, a contract for a service. Lawyers will look at these to understand whether the provisions of the service agreement were followed or not. For example, lawyers may look at whether uptime and downtime provisions were followed in an SLA: whether the service was available at the times at which both parties had agreed to.

Trade Documents

Throughout discovery in a commercial litigation case, lawyers may look at the trade documents of the companies in question to determine, for example, whether there is any undue similarity between business processes or trademarks. In general, trademark litigation and intellectual property litigation comprise a significant portion of the commercial litigation goes on between companies.

Employment Documents

In some cases, a commercial litigation case may involve looking at the employment documents a company uses to retain talent. This is relatively rare, and these documents are more often used in civil cases where an employee alleges discrimination, but they may be useful in some sort of commercial litigation as well.

These are just some of the types of documentation that lawyers from an office like D.B. Clark Law Office may use as they pursue a particular resolution for a commercial litigation case.


31 July 2015

The Important Role of the General Attorney

Like many other people, I admire the important tasks lawyers take on every day. I’m amazed at how knowledgeable general attorneys are about a variety of subjects. These professionals can accomplish many complicated jobs seamlessly, such as representing a client in a civil lawsuit, assisting a business with a merger, and acting on a client’s behalf in a medical malpractice lawsuit. Besides creating detailed legal briefs, they must argue their clients’ cases in court in front of a judge, jurors, and others. On this blog, I hope you will discover how crucial general attorneys are to this country’s legal system.