Commercial Litigation Report: Year in Review
Lex Machina, a leading data analytics firm, recently released its 2017 Commercial Litigation Report. The report is designed to highlight developments and trends in the world of business law, through the comprehensive review of all of the commercial cases that have been filed in United States District Courts. Notably, the researchers found that the Southern District of Florida, which covers the southeastern part of the state, stretching from Key West up to St. Lucie County, is the fifth most active district in the country for business litigation. In this post, our West Palm Beach business law attorneys discuss a few other noteworthy elements of this report.
The Most Common Reasons for Commercial Litigation
According to the analysis conducted by Lex Machina, breach of contract is the single leading cause of commercial litigation. Indeed, breach of contract claims were listed as a cause of action in nearly 45 percent of all business-related lawsuits that were filed between the years of 2009 and 2017. The second most common cause of action in commercial litigations cases is an alleged business tort. Simply put, business torts are any type of civil wrongs that arise out of a business transaction or a commercial relationship. Business torts take many different forms, from alleged illegal restraints on trade to a fraudulent misrepresentation to a physical injury caused by a business owner’s negligence. It is worth mentioning that breach of contract claims and business tort claims frequently overlap. In fact, Lex Machina reports that half of all breach of contract claims also involve a business tort, and vice versa.
Intellectual Property (IP) Claims Are on the Rise
Over the last decade, there has been an uptick in the percentage of commercial litigation cases that are related to intellectual property issues. Now, nearly one in every five commercial law lawsuits involves a dispute over intellectual property. Intellectual property litigation can take a variety of different forms, and these cases can often be one part of a larger dispute. Some of the most common types of IP cases that our firm sees in South Florida include:
- Trademark litigation;
- Copyright infringement;
- Patent infringement;
- Business licensing disputes; and
- Trade secret disputes.
Our firm has deep experience handling all aspects of IP claims in Florida. If your business is locked in a legal battle related to intellectual property, we have the skills and legal knowledge to protect your legal rights, financial interests and your brand.
Contact Our Florida Commercial Law Attorneys Today
At Pike & Lustig, LLP, our experienced business law attorneys provide high quality legal services to companies throughout South Florida. Whether you are involved in a trademark dispute, copyright litigation, breach of contract case, or any other type of complex commercial dispute, we can help. For immediate assistance, please do not hesitate to reach out to us today for a no-fee, no-obligation case review. Our primary office is located in West Palm Beach and we have a second location in Miami, from which we serve companies throughout the region.