Los Angeles Business Litigation Attorney

When disputes within the commercial sector arise, whether external or internal, it’s important to have a reliable lawyer on hand whom you can consult about legal matters that can affect your business. Business litigation can put a lot of strain on a business and the day-to-day operations of a company if you aren’t prepared to handle it. Many business disputes can be resolved before reaching court if you have a qualified Los Angeles business litigation lawyer to negotiate on your behalf. When your business is facing legal issues, you need a commercial litigation law firm with experience and an aggressive approach to represent you in court.

The Myers Law Group business litigation attorneys have the experience in corporate law that it takes to defend your company. They have the necessary level of confidence and knowledge of Los Angeles commercial litigation law to garner a favorable outcome that is ideal for your business. We have more than 80 years of combined legal experience, and we pride ourselves on being responsive and accessible to our clients. Those who work with us have the added benefit of being in direct connection with our lawyers and access to the legal resources of our entire firm.

Hiring the right litigation lawyer can make all the difference when you are dealing with business disputes related to your company. Approaching a dispute without a Los Angeles business litigation lawyer could result in an unfavorable outcome for you and your business. Without proper guidance and sound legal counsel, your business may be at risk of instability and loss of protection.

Do not put your business into inexperienced hands. A good business lawyer can ensure anyone you go into business with is properly licensed according to state law. They may assist you with legal action in many other ways.

California is a popular place to do business. There are countless companies and businesses across the entire state, and most of them deal with an occasional legal dispute. A Los Angeles business litigation attorney can help you make sure you are properly protected if your business has to deal with legal action of its own. The last thing you want is to face business litigation with no preparation and at a disadvantage. A good lawyer can provide an advantage for you.

Cases that involve disputes that arise from business or commercial transactions and are non-criminal in nature fall under business litigation law. For example, disputes over a breach of contract or commercial fraud are common issues that often result in legal action. When business owners cannot work out a dispute or disagreement on their own, they turn to the court to settle it for them. Business litigation often involves partners who are in business together as well as vendors, contractors, customers, and other potential third parties who find themselves in the middle of a business dispute.

A few examples of business or commercial litigation are mentioned above, but there is a long list of potential issues that are commonly seen in this area of law. A brief description of the most common business litigation cases is below, as well as the statute of limitations, or the deadline to file a claim, for each. In most of the following actions, the date of the occurrence of the alleged illegal act is discretionary by the court. However, that does not mean that individuals planning to file a claim should wait. Speaking to a knowledgeable Los Angeles business law attorney who is well-versed in what to expect from the courts as soon as possible can help determine an acceptable estimated date of occurrence, should the definitive date be in question.

Intellectual Property

When the rights to a creator’s ideas, such as music, lyrics, designs, artwork, or any other copyrighted material, are compromised, they can file a claim. If trademarked material, like an inventor’s invention or a business’s trade secrets, is improperly or illegally used without permission of the owner, the owner has the option to take legal action against the perpetrator.

Intellectual property claims must be filed within the three-year statute of limitations for civil claims. However, the statute of limitation is five years for criminal liability charges to be filed.

Employee Discrimination

When an employee claims that their employer discriminated against them, it is often because the employee feels that they have been treated less favorably than another employee due to their sex, race, sexual orientation, age, disability, or other defining attribute. Employees may sue an employer for discrimination in California, and the state advises only entering into litigation when represented by an attorney. In doing so, you must obtain a right to sue for damages. Employers who find that they are being sued for discrimination by an employee should also consult with a Los Angeles Business Litigation lawyer who is experienced in business law.

The statute of limitations for employee discrimination is three years in California. However, to file a claim with the Equal Employment Opportunity Commission (EEOC) at the federal level, employees have 300 days from the date when the discrimination or wrongful termination occurred to file a claim.

Partnership Disputes

Unfortunately, business Partnerships don’t always work out. If a conflict arises between partners, they often end up in court because they can’t agree to resolve their differences by negotiating or coming to an agreement. In this case, there may be a need for a dissolution of the partnership. This can avoid litigation, which can be expensive and timely, but if all else fails, it may need to go to the courtroom for a resolution.

If a business partnership is based on a verbal agreement, the partners have a two-year statute of limitations from the date that an oral contract was breached to file a claim against one another. If the partnership was formed in writing via a legal contract, the statute of limitations is four years from the date the breach occurred.

Shareholder Disputes

When there is a disagreement between the shareholders of a business, in some instances, it is a matter of corporate governance or a breach of fiduciary duty. In other cases, a larger shareholder may try to over-influence a business, overlooking minority shareholders, or the employee shareholders question the adequacy of their compensation. Whatever the matter, it is oftentimes difficult to resolve disputes among shareholders without going to court due to the nature of these disputes. When a case must be resolved in front of a judge, it is important to take the claims seriously and employ a Los Angeles business litigation attorney to represent whichever side you’re on.

There are generally three types of claims filed in regard to shareholder disputes.

1. A derivative action claim occurs when a shareholder of a corporation brings about a claim against the corporation for the benefit of the company as a whole.
2. A class action lawsuit happens when a shareholder brings about a claim against a corporation for the benefit of themselves and the other shareholders.
3. A direct action claim is filed by a shareholder on their own behalf, rather than on behalf of the corporation as a whole.

These claims typically fall under the statute of limitations for breach of contract.

Fraud

Business litigation cases involving fraud often involve a breach of fiduciary duty. Often, they are based on false statements or occur as a result of the omission of facts in business matters. This deception is usually done for personal financial gain. Fraudulent inducement can occur when someone makes false statements to entice someone to enter into a contract or financial agreement that turns out to be made under false pretenses. An example of fraud may be an investor experiencing financial loss due to the irresponsibility of an investment manager, who failed to act in the interest of the investor or had a conflict of interest. Another example could be an employee using company assets for their personal use or gain, consuming the company’s resources over time.

For fraud cases, a plaintiff has three years following the occurrence of the fraud, under the statute of limitations, to file charges against someone.

Breach of Contract

A dispute over a business contract is often referred to as a breach of contract. Breach of contract can apply to anyone who is involved with a business via a contractual arrangement or relationship. Breach of contract cases can end up in front of a judge when one party doesn’t follow through with the terms of a contract that they signed an agreement to uphold. Other contractual parties that could potentially file a breach of contract dispute claim with the court, as a plaintiff against a business or other entity, include:

• Customers
• Independent contractors
• Employees
• Former employees
• Business partners

There is a statute of limitations of four years from the date when the defendant broke the contract. For a spoken contract, a two-year statute of limitations is set following the date the oral agreement was broken.

Breach of Fiduciary Duty

Fiduciary duties include a duty to act in good faith with care, loyalty, prudence, confidentiality, and honesty. Employees are often believed to have a fiduciary duty to their employer, and shareholders are likewise believed to have a fiduciary duty to the company in which they hold a financial interest. When a fiduciary for a business behaves or acts irresponsibly, in contrast with their fiduciary duty, it is called a breach of fiduciary duty. These cases must often be resolved in court, especially if the parties can’t come to an agreement to settle outside of court.

When these cases do see the inside of a courtroom, there are certain things that must be proven for a claim of breach of fiduciary duty to be valid. These include:

• A fiduciary relationship did in fact exist between the presumed fiduciary and the other party.
• The fiduciary owed a duty of fiduciary to the other party.
• The fiduciary behaved in a way that breached, or contradicted, their presumed fiduciary duty.
• The other party suffered damages due to the fiduciary’s neglectful actions.

A breach of fiduciary claim has a statute of limitation of four years following the alleged act of breach of duty.

Disputes Regarding Trade Secrets

A business’s trade secrets in Los Angeles, CA are protected by laws that prohibit their unauthorized use in a company’s commercial realm. This includes information that is used by a company to manufacture its products. This information could be a device or a technique that the public and competitors are unaware of because of its influence on the success of the company. Policies that protect trade secrets were created to protect and support research and development and encourage a certain degree of business ethics and commercial standards. Thus, these laws protect the creator, inventor, or originator of information related to a business’s trade secrets. It should be noted, though, that if someone discovers a company’s trade secret on their own, it is not illegal. The law only protects the information that was improperly learned for ill use, profit, gain, or to share.

The statute of limitations for trade secret claims is three years from the date when the misappropriation was discovered or should have been discovered.

Experience in business litigation comes from representing a lot of cases. This makes an attorney versatile no matter what the situation. Having seen a variety of different cases and outcomes, a well-rounded business litigation lawyer is resourceful, knows the laws that affect clients, and can sway the results of a case. Because business litigation often involves financial issues, lawyers who handle these cases should be well-informed of complex business legalities that can influence a judge or jury to rule in favor of their client.

Furthermore, there is a great deal of financial documentation that must be analyzed and reviewed. An established Los Angeles business litigation lawyer has a list of contacts in all areas of corporate industries, so knowing when to call in an accountant or certified professional to testify in a case is important. Less conscientious attorneys may not see the importance of calling in external witnesses or know when to call them in.

Another important trait of a business litigator is being a good negotiator. This area of law requires attorneys to engage in negotiations with the opposing side in an effort to settle disputes outside of court. While this doesn’t always work, business litigators must be able to put forth an aggressive effort in negotiating. However, they must also be versatile enough to effectively defend depositions when cases cannot be settled outside of court.

Q: How Much Do Litigators Make in Los Angeles?

A: There is no telling how much a business litigator might make in Los Angeles. Every business litigation case is different, which means that every business litigator’s fee is going to be different too. Each case has its own specific details and circumstances that can affect a potential settlement, civil consequences, and lawyer fees. The lawyer’s education, experience, resources, and availability may affect litigator costs too.

Q: What Is the Difference Between a Corporate Lawyer and a Litigator?

A: The primary difference between a corporate lawyer and a litigator is their distinct function for your business. A corporate lawyer generally advises you on business decisions, particularly when it comes to legal matters such as drafting contracts, negotiating mergers, and daily operations. A litigator primarily deals with active legal disputes that escalate to court. Litigators defend your case during a trial. It is their job to represent your business in a courtroom and successfully argue your case.

Q: Should I Prepare for Litigation when I Have a Business Dispute with My Partner?

A: Ideally, you and your partner can discuss this dispute privately and reach a mutually beneficial decision before you resort to litigation. If you are concerned that litigation may be unavoidable, reach out to an experienced business litigation lawyer immediately to prepare for a civil case. In the end, it is up to you and your business partner how you want to handle the dispute.

Q: Do I Need a Lawyer for My Business Dispute?

A: Technically, you do not need to hire a lawyer for your business dispute. You are well within your legal rights to try to resolve the dispute without legal representation. However, California business litigation can become extremely complex and difficult to understand without focused knowledge and experience. Having someone in your corner who understands business law and can provide you with help can only benefit you in the long run.

If you’re looking for a Los Angeles, CA business litigation attorney with experience, success, and clout, The Myers Law Group is the ideal choice to represent your company. Whether you need to file a claim as a plaintiff or need assistance defending your business, our attorneys are equipped with the necessary legal skills to properly represent you, protect your rights, and negotiate or litigate on your behalf. To optimize the outcome of your case, contact The Myers Law Group for more information on how our law firm can serve your business litigation needs.

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