Commercial litigation involves business disputes of various kinds and of various complexity. The disputes can be agreement (or contract) based or they can arise by operation of law. Oftentimes, these are high-value and complex disputes that involve multiple parties and overlapping areas of law.
A contract is a legally recognized agreement between two or more persons, giving rise to obligations that may be enforced in the courts. Disputes can often arise about a contract’s enforceability; if a contract is binding, disputes can arise for a breach of contract where there’s a wrongful nonperformance of a contractual duty that results in the entitlement of the innocent party to maintain an action for damages.
Officer & Director Liability Claims
Directors of a corporation are responsible for managing and supervising the management of the business and affairs of the corporation. Officers are corporate personnel appointed by the directors and charged with the duty of managing the day-to-day affairs of the corporation. Officers and directors have different duties and standards of care and liability claims against officers and directors are context-specific.
Corporate and Partnership Disputes
Corporate and partnership disputes tend to flow from governance issues. A entity’s governance involves a set of relationships between that entity’s management, its board, its shareholders and other stakeholders. Disputes can occur when actors involved in that entity’s governance, whether human agents, proxies or other operatives, breach a duty or fall below a set standard of care.
Shareholder Rights and Remedies
A shareholder is a holder or proprietor of one or more shares of stock of a corporation. A shareholder generally has various rights: the right to vote and to participate in the distribution of the profits and assets of the corporation, pre-emptive rights, and other rights that may flow from a shareholder agreement. At law, a shareholder is entitled to various remedies including the oppression remedy, derivative actions, investigations, equitable winding-up, orders for compliance, and remedies under securities laws.