Why Your Business Needs a Litigation Lawyer?

Litigation is common in the business domain. Companies file millions of litigation lawsuits in the US every year, meaning all kinds of companies can encounter commercial lawsuits. These commercial lawsuits typically involve everything from an allegation of selling faulty products, commercial disputes between businesses, workplace conflicts, and several business-related issues. It does not end here; in many scenarios, commercial litigation involves a breach of a legal contract.

When facing such issues, companies and businesses have to shift their attention from their clients and customers to dispute resolution. This is where a litigation lawyer comes into play. Businesses need strong legal representation in the courtroom. That means an attorney who knows legal strategies and has in-depth knowledge of business principles to help companies protect their right.

That is to say, not working with a business litigation attorney may cost you. It is because there are situations and scenarios that nearly every company has to face regardless of its size. Whether it is a contract violation, lawsuit protection, or any other legal matter, it can lead to financial hardship. Dealing with these matters does not only siphon away your money but also a whole lot of time.

Only an experienced and qualified attorney has the ability to handle these inevitable woes in business and make the processes hassle-free. That means whether you own a small/ medium-sized company or run an established corporation, you need a paralegal to deal with complex corporate litigations.

Here, we have discussed in detail what commercial litigation is and how a litigation attorney can help you.

What does Business Litigation Involve?

As mentioned earlier, business litigation laws involve resolving disputes that arise out of commercial- related transactions/dealings of non-criminal nature. Mainly, business litigation deals with the following issues.

  • Fraud disputes
  • Insurance coverage dispute
  • Non-compete issues
  • Violation of contract
  • Intellectual property dispute
  • Violation of fiduciary duty

Know that business litigation laws arise in multiple scenarios, which may involve an array of legal issues. Plus, they can span in different industries. That is why individuals and businesses anticipating any business litigation need to seek the advice of an experienced attorney specializing in business laws.

Breach of a Legal Contract- A Litigation Overview

Businesses and companies enter agreements and contracts on a daily basis. Therefore, escaping breach of agreement disputes is not possible. It is essential that businesses only deal with the well-written contracts to ensure the remedies involving a violation of the contract.  

When there is a contract dispute between the companies, the provision regarding violation prevails in terms of arbitration, liability, medication, and legal jurisdiction. It is worth mentioning that businesses cannot cure all agreement disputes easily.

A business litigation attorney negotiates commercial contracts and agreements and also handles violation of contract litigation. The contract litigation services may include;

  • Intellectual property-related contracts and licenses
  • Commercial B2B agreements 
  • Manufacturing agreements
  • Buy-Sell contracts
  • Employment agreements
  • Maintenance agreements
  • Non-disclosure contracts
  • Financing agreements
  • Reseller contracts
  • Information technology agreements

Contract violation is one of the claims entrepreneurs assert in the significant business disputes. That is what makes hiring a litigation attorney with experience in dealing with a wide range of commercial and business-related disputes extremely important.

In general, the following are the main types of violations in agreements.

  • Anticipatory violation of contract
  • Fundamental or actual contract breach
  • A minor breach of agreement
  • Material breach of agreement

Our litigation lawyers, in this regard, have the right set of skills when it comes to handling complex matters of contract breach cases. They have an in-depth understanding of business laws and litigations.

Violation of Fiduciary Duty

The litigation of fiduciary duty breach arises with an allegation that a professional person breaches a duty to someone. There is no denying that a fiduciary duty involves a high standard of attention and care and requires a great degree of loyalty.

That means a fiduciary has an ethical and legal relationship of commitment and trust. 

Therefore, dealing with these matters requires extensive business litigation knowledge and experience to evaluate complex disputes arising from a violation of fiduciary duty.

Fiduciary duty litigations commonly include fraud claims and several other types of business torts. Addressing these claims with the help of legal experts (fiduciary duty claim) is crucial to protect business rights and prevent other legal issues.

These litigations often move quickly and include requests for temporary injunctions, restraining orders, expedited discovery, and pre-judgment remedies. Businesses need to obtain counsel with an understanding of the importance and urgency of these requests to prevent losses.

Because a business litigation attorney has an understanding of the complex fiduciary responsibilities, they help companies resolve or prevent disputes via;

  • structuring and reviewing internal corporate contracts
  • Execution of fiduciary agreements
  • Non-disclosure, non-compete, agreements
  • Corporate governanceconsultations

Our litigation lawyers are experts in dealing with business laws and help clients with their proactive measures and steps to prevent violation of fiduciary duty. They can also assist in prosecuting and defending cases of fiduciary duty breach.

Fraud Disputes

Business frauds occur through either misrepresentation or deception. Sometimes, they happen when something is omitted or claimed. Furthermore, scams can occur in a wide variety of contexts that may include employee fraud, business fraud, purchasing or selling fraud, fraud in services, and many other scenarios. 

As fraud disputes often include different aspects from multiple law areas, businesses require the right legal knowledge and expertise for protection against possible harm due to fraud. Attorneys with relevant experience in handling business litigation matters can help companies develop proactive measures.

For instance, fraud litigation encompasses an array of legal problems and claims that come from civil lawsuits to commercial litigations related claims. These include,

  • Misrepresentation
  • Omission, Misrepresentation, and Non-Disclosure
  • Intellectual Property problems
  • Fraudulent Inducement
  • Tortious Interference
  • Fraudulent Concealment
  • Fraud by Business collaborator

It is important to note that business fraud litigations may result in injunctive relief, monetary damages, potential disgorgement, and damage to the name and credibility of a business.

In case of any kind of fraud, it is substantial for the enterprises to consult a qualified business attorney. Counseling with a business litigation lawyer can help businesses identify and investigate issues early. Most importantly, it helps companies to ensure that an attorney is handling their case correctly from the start. In addition to that restraining or injunctive order, relief may be a necessary step to prevent further damage to the business.

Remember, all types of businesses and companies are susceptible to scam. It is essential to have a competent litigation attorney who can successfully prosecute and defend fraud lawsuits and litigation cases.  

Our attorneys, in this respect, guide clients towards implementing protections from scams and frauds with a proactive approach. Moreover, our attorneys assist clients with the best strategies to avert fraud disputes by:

  • Reviewing commercial agreements and contracts
  • Creating 
  • non-disclosure, non-compete and employment agreements
  • Providing corporate governanceand management counseling
  • Providing protection for property assets
  • Giving due diligence reviews

Disputes Related to Insurance Coverage

Disputes related to insurance coverage arise when an insurance company refuses to pay or cover a claim because of a non-coverage breach and misinterpretation of policy. 

There are many insurance coverage types. The given types of issues are a few of examples of insurance dispute that businesses often seek assistance for:

  • First Party insurance coverage
  • Malpractice
  • Liability
  • Business Interruption
  • Over-Redemption
  • Property Loss
  • Multiple-Peril

Many businesses typically do not scrutinize the policy language until after dispute related to insurance coverage arises. These disputes often arise because of misinterpretation, differences, the burden of proof, ambiguity, and plenty of other issues. 

Therefore, business owners and entrepreneurs must seek advice from lawyers who have experience in maintaining complex negotiations related to insurance coverage disputes to resolve coverage issues.

Non- Compete Issues

Business litigations that involve non-compete issues refer to a contract in which an employee agrees not to compete with the employer for a certain period of time. Recently, non-compete litigations, including these contracts, have increased. From a former employer’s clients, confidential information to not soliciting company, non-compete agreements may include plenty of covenants.

Business litigations over non-compete agreement often move quickly and can include requests for immediate relief. As dealing with these issues can be extremely challenging for a business, it is critically important to have some litigation strategies before non-compete litigation issues begin.

A qualified business litigation attorney helps businesses draft non-compete agreements to ensure enforceability but also to provide protection. He/she provides legal advice on structuring job contracts to help businesses prevent unfair and unjust competition from former employees.

Bottom Line

Remember that businesses have the objective of saving as much much as they can. For that, they can breach their employees’ rights in numerous places. Experienced lawyers are the pro in and know how to deal with the businesses and employers who keep everything in their interests.