Civil Business Litigation Attorney in New York City
Running a business can be extremely difficult. As a business owner, you must carefully navigate situations in order to avoid business disputes. Regular legal counsel can help to reduce the likelihood of business disputes. Litigation can be costly for a business.
However, long-term legal entanglements are best managed with the assistance of a New York business litigation attorney. Leo Fraser, Attorney at Law, is prepared to handle any business dispute-related litigation.
Empowering businesses, entrepreneurs, and individuals with trusted legal counsel since 1979.
What is a Civil Business Litigation Attorney?
An experienced business litigation attorney can guide you through the complexities of your commercial dispute from start to finish.
A business litigation lawyer may work directly for a larger law firm or as in-house counsel for a large corporation. Many experienced, high-quality business litigation attorneys work as self-employed consultants. This is because most businesses are not involved in legal action frequently enough to justify the salary of an in-house, full-time business litigation counsel.
Business litigation attorneys may encounter contentious situations during negotiations or in the course of business and, as a result, must be able to diffuse tensions and work calmly through what can be trying, challenging, and awkward situations.
Business litigation attorneys will be able to handle any dispute that arises with a company that have the potential to become litigious. Just because a dispute results in litigation does not mean that it cannot be handled outside the court. Once a complaint is filed with the court, businesses may employ an attorney to help resolve the issue through settlement processes.
What is Business Litigation?
Business litigation attorneys handle disputes that arise from a variety of business situations. Litigation follows the same procedure regardless of the proximate cause of the lawsuit. During the litigation process, opposing parties present motions, witnesses, evidence, and statements.
When someone files a complaint with a court or an administrative agency, that starts the process of litigation. Business litigation may include motions, discovery, administrative hearings, arbitration, mediation, trial, and appeal, depending on the situation and how far the parties want to take the case. Depending on the circumstances of the dispute, an alternative dispute resolution method, such as arbitration may be the first step in formally resolving the dispute when negotiations fail. In this case, consulting with an arbitration lawyer in NYC may be necessary to keep your best business interest in mind.
The law of business litigation is complicated. It entails sifting through a plethora of documents, consulting experts, investigating evidence, interviewing witnesses, drafting, and responding to numerous motions, and taking part in court proceedings. It can also take years, especially when dealing with complex issues or large sums of money. It is critical to have an experienced civil business litigation attorney on your side if you are involved in a business dispute. Your business litigation lawyer can protect your interests so you can focus on running your company.
Breach of Contract Claims
Contract disputes are likely the most common type of business litigation. Contracts can govern almost every aspect of your business, including transactions for goods and services, employment terms, and even the structure of your company itself. Your company’s success is dependent on others fulfilling their contractual obligations to you.
A breach of contract occurs when one or both of the agreed-upon terms and conditions of a binding contract are broken or infringed. When one party to a binding agreement fails to deliver on the terms of the agreement, this is referred to as a contract breach.
A breach of contract can occur in both written and implied contracts, as well as oral contracts.
When someone violates a contract, the consequences can be disastrous. A business litigation attorney can assist you with contract enforcement. They can also assist you in defending yourself if another party accuses you of a breach of contract.
Employment claims are another common type of business litigation. Two of the most common types of employment claims are wage and hour disputes and harassment or discrimination claims. Before litigation ensues, these claims should be reported to the business through reporting requirements. All companies are required to give their employee access to complaint forms and the laws surrounding wage requirements.
Other common examples when employment claims become litigious include:
- Wrongful termination
- Violation of a non-compete or non-disclosure agreement
- Leave violations
- Retirement violations
There are many employment claims that can be resolved internally or with the workers’ compensation agency. However, there are other claims that need to be addressed through the court of law and require the parties to hire attorneys to help protect their rights.
Shareholder and Partnership Disputes
Shareholder disputes can arise in a closely held corporation when a minority shareholder believes a majority shareholder has failed to protect their interests. This can occur through a breach of the agreement, misappropriation of funds, not properly distributing dividends, or abiding by their interest.
Various remedies for shareholder oppression may be available depending on the facts of your case. Injunctions, damages, and, in extreme cases, a court order dissolving the corporation or liquidating assets are all possible remedies.
Most new companies will generally start as a partnership. They usually created the company with the same goals and expectations in mind. However, when one of the partners begins to take the business in a different direction or does not include the other partner in a decision, this can create a dispute and cause issues over time, creating a dispute that cannot be resolved outside of the courtroom. In the event of a partnership dispute, consulting with a partnership disputes attorney in NYC may be beneficial to resolving the dispute without taking matters to court.
Partnership disagreements can also arise if one partner misappropriates partnership funds or assets or engages in wrongful or illegal activity that harms the business. The partnership agreement or other written agreements between the partners may also be violated by one of the partners.
Hiring a Business Litigation Attorney
Not all business matters require an attorney. However, when a claim has become litigious and requires filing a complaint with the court or responding to a suit that has been filed against a company, a business litigation attorney is necessary.
Not all business owners know how to handle the court process. Further, they still need to run their business when a dispute arises. Hiring Leo Fraser, New York business litigation attorney, will allow an owner to handle their business needs while putting the litigation in the hands of a trusted attorney.