Understanding the Three Common Types of Commercial Litigation

May 15, 2025

commercial litigation ma

Commercial litigation is a broad field encompassing legal disputes related to business transactions. Companies of all sizes, from startups to multinational corporations, can become involved in litigation that can disrupt operations and impact their bottom line. If you run a business in NH or MA, commercial litigation is likely in your future. When that situation arises, you’ll need a good lawyer, so you should reach out to Feniger, Uliasz & Stacey. While commercial disputes can vary widely, three types are particularly common: breach of contract, partnership disputes, and intellectual property litigation.

 

Here is a brief overview of the types of commercial litigation MA and NH business owners are likely to encounter.

 

Breach of Contract

Breach of contract is the most prevalent type of commercial litigation. Contracts form the backbone of business relationships—governing agreements with vendors, customers, employees, and more. A breach occurs when one party fails to fulfill their contractual obligations, whether by delivering subpar goods, missing deadlines, or refusing payment. These cases often involve seeking damages or specific performance to enforce the original terms. Because contracts are legally binding, clear documentation and communication are essential to both prevent and resolve such disputes.

 

Partnership and Shareholder Disputes

Conflicts between business partners or shareholders can escalate into full-blown legal battles. These disputes often stem from disagreements over management decisions, unequal profit distribution, or breaches of fiduciary duty. In closely held companies, personal dynamics can further complicate matters. Litigation in this area may involve forced buyouts, dissolution of the business, or financial compensation. To minimize the risk, businesses should establish comprehensive partnership agreements and shareholder agreements at the outset.

 

Intellectual Property Litigation

In today’s knowledge-driven economy, protecting intellectual property (IP) is critical. Disputes can arise over trademarks, copyrights, patents, and trade secrets. Whether it’s a competitor infringing on a patented technology or a former employee leaking proprietary information, IP litigation can be high-stakes and complex. These cases often require expert analysis and can have significant consequences for a company’s brand and market position. Proactively registering IP rights and enforcing them swiftly can deter infringement and reduce legal exposure.

 

Commercial Litigation in NH and MA | Feniger, Uliasz & Stacey

Understanding these common types of commercial litigation can help businesses better prepare for potential legal challenges. The best way to prepare for such challenges is to have a legal team that can offer advice and representation when necessary. Our team at Feniger, Uliasz & Stacey has the knowledge and experience your business needs to prepare for and navigate legal challenges.

 

Contact us today for more information about our services.