Posted by The Sterling Law Group on August 19th - Business Law
Business litigation is a phrase that generally involves companies or other parties defending or resolving legal disputes, usually relating to businesses that are facing accusations of some kind of misconduct or lawsuits for different reasons. Anytime that your company is facing possible legal action in California, you are going to need to work with an experienced Roseville business attorney.
Our firm is adept at a number of different kinds of business litigation cases. Some of the most common cases we see involve the following:
1. Intellectual property disputes — An intellectual property dispute could relate to copyright infringement, trademark infringement, patent infringement, or trade secrets. Companies can protect intellectual property by documenting their discoveries, using digital rights management (DRM) systems that use encryption to limit what users can do with protected work, opting for strong non-disclosure agreements (NDAs), and creating strong access credentials such as separating teams to limit sharing of files, training employees on best security practices, and constantly updating passwords.
2. Breach of contract — Business contracts involve certain obligations that are to be fulfilled by all parties who enter into an agreement. The failure of any party to fulfill any of its contractual obligations will constitute a breach of the contract. A breach may occur if a party fails to perform a function on time, does not perform the function in accordance with the terms of the agreement, or does not perform the function at all. A breach of contract usually sees categorization as either a material breach – a breach striking so deeply at the heart of the contract that it renders the agreement irreparably broken and defeats the purpose of making the contract in the first place – or an immaterial breach or partial breach, in which the value of a contract is not affected, and the breach does not cause the contract to fail, but the breach still requires both parties to continue to perform and allows for the non-breaching party to recover damages in a cause of action.
3. Employment disputes — When employees violate non-disclosure agreements, employers may file claims against them. A business could also face lawsuits for such claims as wrongful termination, harassment, discrimination, or hostile work environments. Wage and hour claims, as well as other Labor Code violations, are also common.
4. Partnership disputes or shareholder litigation — Shareholder and partnership disputes arise in a variety of ways, including management deadlocks, buy-sell agreements, breach of contract, succession planning, corporate regulation violations, and executive compensation.
5. Product liability cases or personal injury claims — A business that manufactures a product causing harm to consumers can face various lawsuits over that product. As the Harvard Business Review noted, zero defects and zero liability are almost impossible to achieve.
6. Alternative Dispute Resolution — While several cases pertaining to business litigation enter courtrooms, many alternative dispute resolution options exist, with the two most common being mediation and arbitration. In mediation, a mediator will be a neutral third party who acts on the behalf of both parties to try and seek a straightforward resolution. Arbitration is basically a kind of trial that does not involve a judge or jury, and a neutral arbitrator conducts a hearing or both parties involved in the arbitration could choose to have their case heard by a panel of arbitrators.
A Roseville business attorney can provide comprehensive assistance throughout any business dispute resulting in business litigation. Services may include filing your civil lawsuit in the appropriate California court or responding within a deadline if you are served with notice that another party is filing a lawsuit against you.
We can also identify any legal claims you may raise, as well as counterclaims you could raise if you are subject to a lawsuit, as well as defenses you might raise. We know how to obtain evidence in these cases, including securing expert witnesses to testify on your behalf.
We can manage the discovery process, including turning over all required information, reviewing any information provided to you, and interviewing witnesses. We will know how to submit all court paperwork, including motions and pleadings, during both the pre-trial and trial phases.
Our team will be able to negotiate a settlement or explore possibilities for other out-of-court dispute resolution alternatives. We can also present evidence in support of your claims or make arguments in your defense during court proceedings, and appeal any unfavorable decisions resulting from civil cases in which there were legal or procedural errors.
If your company is in need of legal representation for any kind of business litigation matter, do not try to handle any claim on your own. The Sterling Law Group handles both alternative dispute resolution efforts and civil court trials in state and federal courts.
Our firm boasts decades of legal experience. You can call us at (916) 237-9312 or contact us online to schedule a free consultation, so we can conduct a complete review of your case and help you explore all of your legal options.