As business litigation lawyers, we can represent your company in different disputes and conflicts that arise in the context of business operations. The most common issues in business litigation generally involve contract disputes, employment disputes, and shareholder disputes.
A contract dispute is one of the most common legal issues a business owner will face. Contract disputes usually involve contract interpretation, breach of contract, breach of warranty and representations, and contract termination.
When a business owner encounters issues with a supplier or client, the business owner goes back to the contract to interpret it to see how an issue can be resolved or whether one party has the correct interpretation. Some contracts may not be well-written and will give rise to different interpretations. If the dispute among the parties is not resolved amicably, a business litigation lawyer can represent the business owner's interests when negotiating the contract dispute with the other party.
Breach of contract occurs when one party is unable to comply with their obligations in the contract. The most common breach of contract happens when one party fails to pay the other. In these types of claims, a business litigation lawyer can help evaluate your case to see the possible causes of action to raise in cases of breaches of contract or non-payment.
Breaches of warranties and representations occur when a party fails to comply with statements made regarding a product or service that has induced the other party to enter into the agreement. Examples of these breaches are misrepresentations regarding the stand of quality, performance, or condition of the product, or misrepresentations regarding the capabilities of the parties, conditions of assets, or future performance of a business.
When these contract disputes occur, a business litigation lawyer to initially give counsel on how to proceed with the manner, and ultimately, if mediation fails, to represent your interests in litigation and settlement.
Another common legal issue business owners face relates to employment disputes. Employment disputes may arise in the context of termination due to discrimination, harassment, retaliation, or issues relating to unions, such as negotiating collective bargaining agreements.
Business litigation lawyers provide counsel on how to prevent employment disputes. They can assist in the formulation of policies, manuals, and handbooks that can serve as an employment guide for the business owner. If disputes still arise, a business litigation lawyer can represent your interests against an employee claiming termination due to an unlawful cause. Usually, this claims may be filed before the Equal Employment Opportunity Commission (EEOC) or NY Division of Human Rights (NY DHR) or New York City Commission on Human Rights (NYCCHR).
In large business organizations, labor unions can be challenging to deal with. Business litigation lawyers can also represent business owners in discussions with these labor organizations, especially when negotiating collective bargaining agreements.
Shareholder disputes arise when there are issues among shareholders that need to be resolved.
Issues may arise regarding ownership and control over the company. This can lead to major conflicts on operational decision-making and the financial activities of the corporation. A business lawyer can prevent ownership and control issues among stockholders by drafting detailed shareholder agreements that govern the shareholders' relationship towards each other.
When stockholders and officers use their position to promote their self-interest and acquire financial gain to the detriment of the corporation, there is a breach of fiduciary duty. Business litigation lawyers can initiate legal action against these erring officers and stockholders, requesting for the payment of damages.
A business litigation lawyer can represent a business owner's interests in issues relating to the various activities of a corporation. Although preventing the escalation of legal disputes is important, a business litigation lawyer becomes essential when there is no alternative choice but to seek representation to preserve and protect a business owner's rights. Should you need representation in business litigation, we, at the law offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].