Business litigation involves legal disputes between businesses, competitors, regulators, customers, and other entities. Legal disputes can threaten the ability of a business to operate successfully.
A business litigation lawyer can resolve legal matters by negotiating with opposing parties, filing paperwork with the court system, and representing their client.
Internal Conflicts
Whether you run a small business or a large corporation, internal conflicts are an inevitable part of running a company. These disputes can lead to legal issues that require the expertise of a business litigation attorney.
Internal conflict resolution procedures can be a good way to address these issues and prevent them from escalating into costly lawsuits. This includes mediation, arbitration, and other alternative dispute-resolution techniques.
A common type of business litigation involves breaches of contract. These contracts can be agreements for transactions for goods and services, employment terms, or other business aspects. When these contracts are breached, a business litigation lawyer can assist with obtaining compensation for the company.
Contract Disputes
Contracts are the lifeblood of many businesses. They govern business relationships with customers and vendors, as well as employees. They can also be the source of disputes when misunderstandings or disagreements arise.
Even a seemingly small misunderstanding can grow into a dispute, especially when multiple parties are involved with different languages and cultural norms. Disputes can easily escalate in this scenario, damaging contracts, relationships, and reputations.
These disputes can be resolved through negotiation, mediation, or arbitration. Mediation is a process wherein a neutral third party serves as a go-between to steer the parties to a settlement. Arbitration involves presenting evidence to a judge or jury and making a legal judgment. Continuous legal disputes can distract senior management from achieving their operating goals, so resolving them quickly is important.
Partner Disputes
Partnership disputes can be extremely damaging to a business. This is especially true when the dispute is serious enough that the partner wants to withdraw or end the relationship. However, partners must be able to work out their differences so that the business can continue operating without disruption.
Ideally, partners should have a written agreement stipulating resolving disagreements. This will help to avoid a stalemate that could lead to business litigation down the line.
A trial may be necessary if a partnership dispute cannot be settled through negotiation, mediation, or arbitration. These trials can be lengthy but often result in a final judgment determining who will get what from the company. These judgments are typically based on the evidence presented by both parties.
Consumer Product Disputes
Sometimes, a business will be involved in civil litigation with customers or consumers. These disputes often stem from implied warranties or the assertion that a business’s products caused harm or did not meet the consumer’s expectations.
Regardless of the reason for legal action, the mere fact that a business is in litigation can hurt the business. Not only will it change public perception of the company, but it may also cause other businesses to stop working with that business due to their own moral beliefs or for fear of being sued themselves.
Business litigation attorneys are experienced with various business laws, including contracts, corporate and partnership law, securities, employment, antitrust and trade laws, insurance, and intellectual property laws. They can help a business understand the legal process of these cases and work towards finding a favorable resolution to their case.
Professional Malpractice
Business litigation lawyers can protect a business’s rights and interests in various ways. They have the expertise to resolve disputes out of court, saving business money and reducing emotional stress for those involved in legal proceedings.
A business law attorney can also help businesses deal with professional malpractice claims. This can include allegations of breach of fiduciary duty, negligence, and fraudulent misrepresentation. These cases often arise when a business partner feels another business leader has violated their trust and committed wrongful actions.
Most cases can be resolved through negotiation or mediation, which is less expensive than taking the matter to court. A skilled business litigation lawyer will know the best way to handle each type of dispute.
