Business litigation is an incredibly broad category of law, but it is also unique. Some business litigation involves enforcing regulations that are placed on businesses. However, much of business litigation is built around enforcing the agreements that businesses have made with each other and their customers. Contracts, in particular, play a significant role in business litigation.
The broad nature of business litigation means that it’s hard to pin down a singular primary reason the litigation occurs. However, more than anything else, business litigation centers around disputes about the responsibilities of the parties involved. The reason these disputes often occur is due to a lack of clarity or lack of understanding about what the business relationship entails. So, to avoid business litigation, it’s helpful to ensure that you have clear agreements in place.
Common Kinds of Business Litigation
Business litigation can take a variety of different forms, but they all center around someone taking issue with how a business has handled a particular concern. Some of the more common ones include:
- Breaches of contract and contract disputes
- Disputes with business partners or shareholders
- Employee contract issues and disputes
- Nondisclosure agreements
- Noncompete agreements
- Intellectual property and licensing disputes
- Issues with misappropriation
- Accusations of fraud
- Accusation of fiduciary violations
FAQs
Q: What Can a Business Litigation Lawyer Do?
A: A business litigation lawyer can be a tremendous help to business operators who want to focus on their business and not waste their time on legal hassle. Your lawyer can take a close look at any contracts involved with an understanding of how the law will look at the situation. They can act as your representative throughout the process, which can minimize the involvement required of you. This could be through negotiations and in court if necessary.
They can also use their understanding of the law business and your situation to help advise you through the resolution process and give you some idea regarding reasonable expectations for the outcome.
Q: Can You Appeal a Business Litigation Decision?
A: There are times when a business litigation ruling may come down with a decision that a business disagrees with. In these cases, it is possible to submit an appeal. However, there usually is a very short window of time for you to file the appeal. The appeal process can also be difficult to navigate. Because of this, it’s important to work with business litigation to ensure you follow proper procedure and give your appeal a better chance at success.
Q: Should I Settle a Business Litigation Claim or Go to Court?
A: The answer between settling or taking litigation through the full legal process is going to be different in every case. The nature of the dispute you’re trying to resolve, the willingness of the other party to negotiate, and the importance of the outcome to your business will all have an influence on whether the most favorable option for you is a settlement or going to court.
In most situations, a settlement means having to compromise and not get everything that you were hoping to from the situation. However, that trade-off may be worth it because of the benefits of not going to court. A settlement is much more of a guaranteed outcome than going to court. In court, you risk a ruling going entirely against you. A settlement is also a quicker process, as going to court can sometimes be a lengthy and expensive process.
However, there are times when your counterpart in the dispute is so unwilling to negotiate that the full legal process is the right pursuit.
Q: What Should I Look for in a Business Litigation Lawyer?
A: When working with a business litigation lawyer, you want to make sure you choose the right one. These cases usually involve significant amounts of money or important aspects of your business. You are entrusting a lot to a lawyer when you have them represent you in these kinds of dealings. Some of the traits that can be valuable for a business litigation lawyer include:
- Understanding of Business Law – Since business law is a niche that many lawyers may not interact with as much, you will want to find a lawyer with a solid grasp of this kind of law.
- Understanding of Business – You’re running a business, and the outcome of the dispute is going to have an effect on that business. You want to make sure you’re working with a lawyer who understands that side of things in addition to their understanding of the law.
- Experience – Because every business litigation is so unique, experience can be a valuable teacher for a lawyer as they can recognize the patterns involved based on their past experiences. This knowledge helps them know how to approach your situation properly.
- Integrity – Given everything that you are entrusting a lawyer with, it’s critical that you trust their character and believe they will do right in their representation of you.
Let Us Help You Get Back to Doing Business
For many operators, managers, and owners of a business, the biggest frustration that they have with regard to business litigation is the incredible distraction that it can be. Maybe you’ve got someone bringing a claim against you, taking you away from the work you need to be doing.
Even if it’s you who needs the legitimate pressure of the threat of court to get someone to follow through on their end of things, it’s still not high on the list of things you would probably like to be doing. Any way you look at it, business litigation is a hassle for a business, and it pulls them away from their core work.
At The Myers Law Group, we understand that business operators have other priorities, and litigation is a hassle distracting them from those things. You have products to make or services to provide. You’ve got customers to take care of and sales to secure. That’s why handling the litigation is our job. We seek to provide our clients with a satisfactory outcome while minimizing the role they have to play, leaving them free for the work they want to be doing.
If you are interested in putting our knowledge and experience in business litigation to work for you, contact us today.