Corporate Litigation

Corporate litigation is any legal proceeding having anything to do with a business or corporation. This can include any kind of lawsuit that involves allegations of fraud, breach of contract or violation of antitrust laws among others.

Why do we study corporate law?

The primary reason for corporate litigation is to respond to three endemic problems of opportunism: conflicts between shareholders and managers; conflicts between controlling and non-controlling owners; and conflict between business partners. These problems arise because of the fact that business participants often want to maximize profit without regard to responsibilities or obligations to their contractual counterparties. Corporate laws attempt to reduce the extent of these conflicts by creating an entity with distinct ownership, limited liability, and a fiduciary duty to its shareholders.

Some examples of corporate litigation are when a business is sued for violating antitrust laws or if it loses a case to a competitor in court. These kinds of disputes typically involve a lot of money and can be extremely stressful for the involved parties.

Another kind of corporate litigation involves violations of the law involving confidentiality. This can include cases when a person from within a business composition leaks information that is damaging to the firm to competitors or other people outside the organization.

A lot of times these matters will be dealt with through mediation or arbitration and it is not as consuming for the lawyers who deal with these types of cases. Also, since it is not as consuming, it takes a little longer to build up a practice in this area. It is also easier for those in this kind of practice to specialise i.e. they can be very good at practising before a certain forum for instance the NCLT or the High Court etc.

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