Some of the Common Issues Handled by a Business Litigation Lawyer

Running a business comes with its share of challenges. It’s one challenge after another. Disputes are also inevitable, especially when working with a team of people, or providing service and products to customers. 

Issues are common in business but can get complicated and ruin your business reputation severely, if not handled tactically. Therefore, it’s best to hire a business litigation lawyer on board who can help you best represent your case - as per legal requirements, and ensure you get out of this without damaging your business reputation.

What Do Business Litigation Attorneys Do? 

Business litigation lawyers are responsible for managing all aspects of a lawsuit. They spend time researching relevant legal precedents that apply to your cases to ensure they understand the law strongly. 

They are also responsible for:

• Reviewing all the evidence related to a case, including medical records, witness statements, and other documents.
• Analyze evidence and determine the strengths and weaknesses of your case.
• Represent your case in a way that doesn’t harm your business (financial or reputational).

What Issues Are Managed by Business Litigation Lawyers?

1. Breach of Contract Disputes

Contracts are at the core of most business operations, from partnerships to service agreements and employee contracts. When one party fails to uphold their side of the agreement, it results in a breach of contract.

Breach of contract issues handled by a business litigation lawyer includes:

• Failure to deliver goods or services as agreed
• Non-payment for services rendered
• Violations of terms such as confidentiality or non-compete agreements

2. Partnership and Shareholder Disputes

In any business with multiple owners or shareholders, disagreements can arise. These disputes often involve decision-making, profit distribution, or breaches of fiduciary duty. 

Common partnership disputes that a business litigation attorney may handle are:

• Disagreements over the direction of the business
• Accusations of misconduct or breach of fiduciary duty
• Disputes over equity or profit-sharing

3. Intellectual Property (IP) Disputes

Intellectual property is one of the most valuable assets of any business, and protecting it is essential. Whether it's your brand's logo, proprietary software, or a patented invention, defending against IP infringement is a must to maintain your competitive edge.

A business litigation attorney can assist with various types of IP disputes, including:

• Trademark infringement - where another party uses a similar mark that confuses consumers
• Patent disputes regarding the unauthorized use or theft of inventions
• Copyright violations involving the unlicensed use of original work

If someone infringes on your IP rights, a litigation lawyer can help you file a lawsuit or negotiate a licensing agreement. Similarly, if you're accused of IP infringement, they will work to defend your position.

4. Employment Disputes

Employment disputes are some of the most common legal challenges businesses face, especially in larger companies. From wrongful termination to wage and hour violations, these disputes can lead to costly lawsuits and damage to your company’s reputation.

Some of the employment issues a business litigation lawyer might handle include:

• Discrimination claims based on race, gender, age, or disability
• Sexual harassment allegations
• Wage disputes related to unpaid overtime or misclassification of employees
• Wrongful termination lawsuits

A litigation lawyer helps businesses navigate the complex landscape of employment law, ensuring compliance with regulations like the Fair Labor Standards Act (FLSA), and defends against frivolous or false claims. 

5. Business Torts

A business tort refers to a wrongful act (other than breach of contract) that causes harm to a business. These claims are usually civil wrongdoings where one party intentionally interferes with the business operations or defrauds the company.

Common business torts include:

• Fraudulent misrepresentation - where one party provides false information to induce another into an agreement.
• Tortious interference - where a third party intentionally disrupts a contractual relationship.
• Unfair competition - which can involve false advertising or trademark infringement.

6. Mergers and Acquisition (M&A) Disputes

Mergers and acquisitions are complex transactions that involve large sums of money, intricate agreements, and multiple stakeholders. Disputes often arise during or after M&A deals due to misrepresentations, breach of warranties, or disagreements over the terms of the agreement.

M&A disputes can put a deal at risk, but having a lawyer on your side ensures that any legal hurdles are overcome with minimal disruption to the transaction. 

7. Antitrust and Unfair Competition

Businesses must operate in compliance with antitrust laws that promote fair competition. If your business is accused of price-fixing, monopolistic behavior, or unfair trade practices, you could face severe penalties, including fines and legal action from the Federal Trade Commission (FTC).

Get the Legal Help You Need

When you hire a business litigation lawyer, you're not just securing representation for a court case—you’re investing in the long-term stability and success of your business.