Commercial Law

Commercial law covers a wide variety of business transactions and is a complex legal field in which disputes often appear. Whether you are a small business or a corporate entity, you can benefit from the strategic advice and experienced guidance of a commercial law firm. At Embedded Counsel, we are dedicated to providing comprehensive legal services to companies in Massachusetts.

Understanding What Commercial Law Is

Commercial law is a broad category of governing regulations within business law covering most business, commerce, and consumer transactions. It governs all individuals and businesses who buy, merchandise, sell, or trade goods, products, or services, including laws protecting consumers. Commercial law is often also referred to as trade law, mercantile law, or, simply, business law.

A commercial lawyer must be well versed in a variety of laws, regulations, precedents, and practices due to the breadth of application. Federal, state, and international laws make up the regulations regarding commercial laws. In addition, both public and private commercial laws affect the regulation of this sector. Public commercial law deals with consumer protections and interstate commerce for the general population, while private commercial law handles contracts, acquisitions, and security transfers between private entities and businesses.

Commercial lawyers assist their clients in avoiding legal pitfalls in business dealings, advise on business relationships, and settle contract disputes. They do this through methods like mediation, litigation, and arbitration:

Arbitration uses a neutral third party to review the dispute and determine a ruling as with a judge, but without actually taking the case to court
Litigation attempts to resolve a dispute by bringing the case to a court of law
Mediation attempts to resolve a dispute by both parties in a contract sitting down together to discuss how to come to an agreement

Categories of Commercial Law

There are many categories that make up the broad landscape of commercial law. The Legal Information Institute at Cornell Law School identifies various aspects of commercial law, including:

Banking and finance law – regulating financial deals between borrowers and lenders
Bankruptcy – legal process when a business is unable to repay their debts
Collateral-backed financing – also known as secured business loans, a borrower offers an asset or property as a type of security to the lender
Contract law – legal and commercial governance of business transactions
Consumer protection – regulations aimed to protect consumers from fraud, dangerous business practices, and defective products
Debtor and creditor law – governs liens, insolvency, and bankruptcy proceedings
Intellectual property (IP) – legal rights over unique names, creative works, inventions, symbols, and more when used in commercial enterprises
Lease agreements – legal contract between landlord and tenants for leasing a property for business or commercial purposes
Negotiable instruments – signed documents promising payment of a specific sum to a specific person at a specific time or on demand
Real estate transactions – legal framework controlling ownership, use, and sale of real estate properties for business purposes
Sales
Secured Transactions

Commercial Litigation Support for Intellectual Property Laws

Intellectual property laws provide exclusive legal rights over creative works, inventions, designs, names, images, and symbols used in commercial enterprises. Competition can sometimes infringe upon intellectual property, leading to legal disputes and commercial litigation. Primary examples of intellectual property typically fall under four main types:

Copyrights – rights granted to creators of original, creative, fixed works of authorship, including literary works, music, art, and other intellectual properties. Copyright law typically applies this protection during the life of the author plus 70 years, with some exceptions.
Trademarks – protected identifiers used to recognize goods, services, and businesses from others including symbols, names, phrases, and logos. Maintaining your federal registration requires filing forms every five years as well as continued use of your trademark in interstate commerce.
Trade Secrets – confidential information that businesses use to maintain their competitive advantage in the market, including designs, formulas, processes, and techniques used by a company. The Uniform Trade Secrets Act (UTSA) protects this information and has been adopted by both the Massachusetts.
Patents – exclusive rights to make, use, sell, and distribute a new, unique invention, which could be a product or a process. The United States Patent and Trademark Office typically allows patents to be protected for 20 years from the date of filing.

If competition in the marketplace has infringed upon your business’s intellectual property, it is important to work quickly to enforce your rights, protect your creations and innovations, and seek remediation. A commercial litigation attorney can help you ensure that your property is protected through filing appropriate patents, trademarks, and copyrights, creating and enforcing non-disclosure agreements (NDAs) and non-compete clauses, sending cease-and-desist letters, filing lawsuits, and other legal practices. Contact Embedded Counsel today to speak with a commercial litigation lawyer regarding your intellectual property.

Why Choose Embedded Counsel for Your Commercial Law Needs?

At Embedded Counsel, our commercial law attorneys are experienced in advising and assisting with your legal business needs. Get comprehensive legal counsel every step of the way, from drafting contracts to courtroom litigation. Choose Embedded Counsel for your commercial law firm for the following reasons:

- Expertise and experience: our legal team brings extensive knowledge in commercial law for both Massachusetts area businesses, staying updated on current regulations and precedences.

Client-first approach: we focus on learning the specific needs and challenges in our client’s businesses and prioritize building strong relationships fostered by open communication.

Efficient and competitive pricing: we provide cost-effective rates with no hidden fees. Because we focus on business law, we can offer competitive pricing and efficient processes.

Strategic guidance: we offer more than just legal advice for our clients, providing guidance in business strategy specific to your specific company. We believe no two clients are alike and all deserve to be treated with personalized recommendations.

Clear communication: with Embedded Counsel, you are guaranteed clear lines of communication and quick responses. It is important for you to understand what is happening during each step of the process, and we will make sure you don’t get left behind.

At Embedded Counsel, we want to help your business thrive through personalized service, strategic guidance, and innovative advice. Contact our commercial law attorneys today to get started on your next venture. With our help, you can create a robust strategy to help protect your company from risks and raise revenue.

Commercial Litigation and Dispute Resolution

Within business contracts and other dealings, commercial litigation law firms are often called upon to assist a client with commercial disputes. Commercial litigation attorneys will attempt to resolve disputes by utilizing arbitration, mediation, and litigation tactics. Arbitration or the use of a neutral third party attempts to resolve the dispute without taking the case to court. Mediation also attempts to resolve the dispute outside of court by bringing parties together for a discussion with the goal of an agreement or resolution.

Commercial litigation occurs when arbitration and mediation are not enough to resolve a dispute, but criminal charges are not involved. Commercial litigation is a type of lawsuit that is filed by a party to enforce or defend a legal right. Common litigation includes the following types of cases:

Antitrust case – filed when a company’s business practices are noncompliant with market and competition regulations
Bad faith case – filed when one party in a contract acts intentionally in a way to unfairly advantage themselves and disadvantage the other business involved in the contract
Breach of contract – a case filed when a company fails to uphold the terms made in a legally binding contract
Breach of duty – a legal action filed when an individual or company fails to act in the best interests of another party, often for their own personal gain.
Business torts – filed when an action causes an economic loss for a business
Class action lawsuits – a legal proceeding filed by multiple individuals with similar grievances against a company
Debtor or creditor actions – a case filed when a debtor is unable to pay their financial obligation to a creditor and legal action must be taken
Employment cases – filed by employees (or previous employees) on topics such as discrimination, harassment, wrongful termination, unpaid wages, worker’s compensation issues, and more
Fraud – legal claim involving businesses, consumers, employees, employers, or government entities that are accused of misrepresentation that caused harm to the filing party
Intellectual property infringement – litigation filed against a competitive company that has infringed upon a business’ trademark, patent, trade secret, or copyright
Product liability claims – claims filed against a manufacturer, distributor, or seller of defective products that caused harm to the filing party
Shareholder issues – disputes filed by a shareholder of a company against the company’s management or board of directors
Tax disputes – legal proceedings between a business and revenue authorities at federal, state, or local levels
Tortious interference – a claim of damages against a defendant who has intentionally interfered with the plaintiff’s business or contractual relationships
Unfair competition actions – legal actions against companies that utilize unfair practices to create a competitive advantage in the market for themselves

Commercial litigation lawyers are specifically trained and experienced in business litigation. If mitigation, arbitration, and negotiations fail to cause action from the offending party, our lawyers at Embedded Counsel are prepared to represent you in court as you seek reparations for your business dispute. Contact us today to discuss your commercial litigation options and how we can restore your company to the position it should be.

How a Commercial Litigation Lawyer Can Help

Commercial litigation lawyers can help you navigate the legal process of filing a case against another business or individual. Our team will first examine the situation your business is in and if there are any options to pursue a settlement outside of court. If possible, this should be explored exhaustively as court cases can become costly and complex, tying up your time and finances. A majority of commercial litigation cases are able to be resolved outside of court before a trial begins.

Commercial litigation attorneys from Embedded Counsel specialize in the legal regulations, laws, precedents, and statutes concerning businesses in Massachusetts. We will work with you to ensure clear communication throughout the process and handle disputes directly with the offending party. When a plaintiff retains a commercial litigation attorney, the legal professional will conduct a thorough investigation into the business dispute, research any applicable regulations, negotiate with the defendant, file the lawsuit, go before a judge or jury, represent the business in court, and work to bring about the best outcome for their client.

Contact Embedded Counsel today if you need help filing a commercial litigation proceeding or representation if your business has been accused of wrongful action by an individual or another company. If you are not yet in need of a litigator, we can also help you work on any commercial or corporate law issues, including contract law. Our contract review and negotiation lawyers will draft, review, negotiate, and work to clarify any potential issues, confusion, or discrepancies before they become an issue. Our goal is to help you grow your revenues and avoid risks.

The Difference between Commercial Law and Corporate Law

Commercial and corporate law are both types of business law that frequently require the assistance of a business law advisor. While commercial law deals with transactional activities, corporate law differs in that it does not deal with transactions but rather rights, relationships, and business conduct. Rather than actions a company is taking, corporate law focuses on how companies are operated, controlled, governed, and structured.

Various business practices and activities included under corporate law include:

Company restructuring
Corporate finance
Insolvency
Mergers & acquisitions

The team of commercial law attorneys at Embedded Counsel can help advise you on both matters of commercial and corporate law. Our specialization is in strategizing business deals, adapting to market changes, and keeping your company safe from risk.

Contact Embedded Counsel to Help with Your Commercial Law Needs

Understanding the intricacies of commercial law demands the knowledge, skill, and experience of legal professionals familiar with the unique issues and prospects businesses encounter in Massachusetts. At Embedded Counsel, our commercial law attorneys excel in offering personalized solutions, insightful counsel, and tailored support to ensure your business reaches its goals and avoids risks. Contact us today to discuss your commercial law needs.