Business disputes are part of doing business. The dispute may be between a business and its partners, suppliers, employees, shareholders, customers, or third parties infringing on its intellectual property. These disputes can lead to negative publicity, lawsuits, and loss of resources.
Whatever dispute your business is facing, a skilled business litigation attorney can help you navigate the complexities surrounding most business lawsuits and achieve a favorable outcome.
The Role of Business Litigation Attorneys
Business litigation lawyers are experts in legal matters and can help your business in the following areas.
Breach of Contract Cases
If there is a breach of contract, a business litigation attorney can evaluate your contract and determine if the breach is major or minor. They will also help you understand the available remedies and the best legal action to take.
In appropriate circumstances, they will help you negotiate, mediate, or arbitrate with the other party to resolve the issue without involving the courts. And if you can't resolve the contract dispute, they can help file or defend a lawsuit to protect your interest.
There are some instances when you need to involve a business litigation lawyer urgently:
- You have tried negotiating with the other party to resolve the dispute without a favorable result.
- Both parties have agreed to seek mediation or arbitration.
- The contract involves complex legal and technical issues, and a lot is a stake.
- From the current situation, litigation seems unavoidable, or it’s already in motion.
Corporate Shareholder Disputes
Shareholders often have different ideas about what they think the company should do and how it can move forward. Things can get out of hand if the differences are not managed properly. Shareholder disputes are serious and can have far-reaching consequences for businesses. Shareholder litigation is usually costly and can halt a business's progress.
Therefore, you should involve a lawyer whenever there's a disagreement between your company and its shareholders. Sometimes emotions and sentiments get in the way of business decisions. A commercial litigation attorney can help both parties understand the legal issues involved and the likely outcome if the case goes to court.
The shareholder agreement may provide alternative dispute resolution (ADR) methods, such as negotiation, mediation, or arbitration. A commercial dispute lawyer can provide legal guidance during the process.
If the parties can't resolve amicably and you must go to court, a business litigation attorney understands the legal issues involved in the litigation process and has enough business acumen to canvass your position and convince the court to rule in your favor.
Intellectual Property Disputes
Intellectual property (IP) disputes can happen in two ways: Someone has infringed your business’ intellectual property rights, or a party is accusing you of infringing on their IP. In either case, a business litigation attorney can provide legal representation to enforce your rights or defend your interests.
IP disputes are typically complex and involve significant financial implications. Your business's intellectual property is an intangible asset that gives you a competitive edge. Many times, your IP keeps you ahead of the competition.
For example, if your business’s competitiveness is built on a patent, a party using your patent without authorization indirectly attacks your position in the marketplace. Your copyright, trademarks, patents, and trade secrets deserve fierce protection from unscrupulous bad actors.
IP rights litigations are often dicey. There’s often a thin line between what amounts to infringement and what does not. Business litigation attorneys have extensive experience and can help you take advantage of the full extent of the protections the law offers proprietary rights.
Class Action Lawsuits
Class action lawsuits from customers can hit your bottom line severely. Some companies may go bankrupt and never recover if held liable in a class action lawsuit. Protecting your business should be your priority, especially when the stakes are high.
A litigation attorney can devise a legal strategy to defend the class action lawsuit. And if this isn't the best option, they will help you negotiate a settlement to prevent your case from going to trial.
If the case goes to trial, business litigation lawyers are trial attorneys who understand how to mount a strong defense and formidable legal representation.
When To Consult a Business Litigation Lawyer
You will need a business litigation lawyer at different times in the life of your business.
Legal Disputes Within Your Business
Internal disputes may be between a company and its employees, between directors in a company, or between business partners. These types of commercial disputes may affect business operations, and you should handle them as quickly as possible.
Consult a business attorney immediately if you face any dispute within your business. When you try to handle the situation yourself without involving a lawyer, things can spiral out of control. A business lawyer will identify the legal issues and provide legal advice.
Defending Your Broader Interests
Business disputes are part of doing business, but you can prevent some of them from happening. A business litigation attorney can help you establish business processes, draft and review your contracts to identify and revise anything that could lead to disputes, and comply with regulatory requirements and obligations.
Experienced business litigation attorneys are familiar with areas of common business disputes and can help you avoid them. And when issues arise, they can provide insight and the expertise to navigate them.
Choose the Right Law Firm for Your Business Needs
Choosing the right business litigation attorney is crucial to your business' success. The right law firm is a strategic partner and provides invaluable support to meet your business needs.
The right business litigation attorneys are honest, dedicated, and skilled in providing businesses like yours with legal support at different stages of your growth.
The business litigation attorneys at Dunn Sheehan provide experienced legal representation to meet your company's needs at whatever stage of growth you are in. You can depend on us to protect your rights and defend your business interests.
Contact us to discuss your business needs and see how we can help.