Business litigation is no small matter and involves the process of legal action regarding a business. There are 8 general types of business litigation including:
Breach of Contract
When a contract is formed between a business and another party such as clients, landlords, other businesses, employees, etcetera, this leaves room for either party to break the terms and agreements therein. When this happens this is called a breach of contract, and in order to remedy the situation when a compromise cannot be reached a Los Angeles business litigation lawyer is generally brought in to help mediate and come to a resolution.
Partnership or Shareholder Disputes
Internal affairs can throw a wrench into an otherwise working relationship between partners and or shareholders who are having a disagreement which can include the following:
- Self – dealing
- Breaches of fiduciary duty
- Contracts that include operating or shareholder agreements
- Mismanagement of assets or the company
Intellectual Property Conflicts
These types of conflicts arise when another party uses any property that you or your business owns without express permission or in a way that was not approved by the business. A Los Angeles business litigation lawyer may be necessary in order to ensure that the other party is prevented from any further utilization of your property. This property isn’t physical, and can be anything intangible including but not limited to:
- Trade secrets
If any of these have been violated or if you feel another party has utilized something that you or your business owns, feel free to contact your Los Angeles business litigation attorney at Point Law Group for your free consultation at (310) 560 – 0606.
These types of disputes are almost inevitable, though many companies legally are required to provide special training to their employees in order to avoid some of these instances as much as possible. Sometimes people just don’t get along in a workplace and the use of a lawyer may become necessary to help resolve any disputes or allegations against a business. The conflicts that may arise may include but are not limited to:
- Wrongful termination
- Wage and hour violations
- ADA compliance failure
Alternatively if you believe that an employee, former or otherwise may have breached their contract via a non-disclosure agreement, exposing trade secrets, or otherwise, action may be taken against them and damages may be sought.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolutions is the process of coming to a resolution without moving to trial. This may be best for both parties involved. Some alternative dispute resolutions may be:
This is similar to a trial but does not involve a jury or a judge. Instead, both opposing parties agree to either one neutral person (an arbitrator) presiding over the hearing, or they can agree to have a panel of people (arbitrators). Each party can call in witnesses and cross-examine them who may testify for or against a party. Evidence may be presented as well as defenses and claims, and the arbitrators will decide what is inadmissible or not based on the law.
This is one of the most cost effective options because it involves both parties working towards a resolution, and cuts the cost of filing a lawsuit and proceeding to trial. In this case an arbitrator tries to find terms to which both parties can agree on. These terms are not binding and neither party gives up their right to a trial in the future if such action is needed.
Alternatively, an intermediary may not be necessary in order for two parties to come to an agreement and negotiations may be all that is required. Having a Los Angeles business litigation lawyer involved like those at Point Law Group who will listen to your goals and needs will make all the difference.