It’s no secret to business owners in California that disputes can arise in many different forms, such as contract breaches, partnership disagreements, and other employment matters. For companies facing these challenges, it’s helpful to have experienced California business litigation attorneys on your team. Asset lawyers can help safeguard financial and physical assets to ensure your business is protected amid potential losses.
At Blake & Ayaz, our team of attorneys is dedicated to providing legal support to those facing complex business litigation. We understand that the nuances of these cases require a tailored approach to minimize as much disruption to your business as possible. With years of experience handling these types of disputes, our attorneys will work hard to ensure your assets are protected so you can advance through every phase of litigation with confidence.
Blake & Ayaz services clients in Santa Ana, Los Angeles, San Diego and Orange County, and throughout California.
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In the dynamic and constantly fluctuating business environment of California, disputes can arise from many unexpected corners. Companies of all sizes are not immune. It’s important to understand the most common reasons that businesses face litigation to help you protect your interests and assets, either in response to a lawsuit or to avoid one in the first place.
Some of the most common reasons for business litigation in California include:
Contracts are the foundation of most business relationships. They are formal agreements in place between partners, vendors, clients, or employees to have written proof that two parties agreed on certain terms and conditions if they were ever to be disputed in the future. When one party fails to fulfill the obligations they agreed to in the past, a detailed analysis of the contract will be required to see who is vulnerable to penalties.
Employment disputes include a broad range of different issues that impact employees, from wrongful termination and discrimination to issues with an employee’s wage or hours worked. California has some of the strictest laws in place to protect employees from unlawful behavior from their employer. For example, if an employee believes they were wrongfully terminated from their position, they can start the litigation process to try and prove this in California court.
Intellectual property is an extremely valuable asset for many businesses. This covers items like trademarks, copyrights, trade secrets, and even special patents, which are the reasons why the business exists and is successful. Since California is an extremely competitive business environment, you will see different cases from time to time where someone has infringed on another party’s intellectual property rights to try and gain an unlawful competitive edge.
Facing a dispute between a partner or shareholder can be particularly disruptive to the flow of business. These conflicts can stem from a difference in opinion on the direction of the business, how certain profits should be reallocated, or if someone accuses another person of breaching their fiduciary duties. In some instances, a minority shareholder might feel like their interests are not being adequately represented or that a majority shareholder is engaging in unfair practices.
Property and leasing issues are another common source of business litigation. This can involve issues where there has been a lease violation, property damage, zoning restrictions, or even a disagreement that needs to be fixed between a landlord and their tenant. For example, a landlord might choose to pursue litigation if their tenant fails to comply with the terms of their lease, or a tenant might sue their landlord if they feel they are slipping on their maintenance obligations.
A: Many different factors can influence the duration of business litigation in California. Most of these revolve around the facts of the case, how complicated the matters are to resolve, how soon the court is available to hear the case, and whether both parties are willing to settle or want to take the conflict to trial. Many cases will settle outside of court, which significantly expedites the process when compared to court battles that lead to trials.
A: There are different alternative dispute resolution methods available to help settle these issues outside of a courtroom. For example, mediation sessions involve a neutral third party to listen to both sides of an issue and help them negotiate to reach a mutually agreeable solution. Arbitration is a more formal process in which an arbitrator will listen to arguments from both sides before making a final decision on the case. These choices can save businesses a lot of time and money.
A: Business litigation costs can range in California from thousands to millions of dollars depending on the extent of the dispute, how long it takes to reach a resolution, and what damages were quantified in the process. Some expenses that can rack up during litigation include fees for your attorney and filing a case with the court, discovery costs, securing expert witnesses, and potential travel expenses.
A: While it’s impossible to completely eliminate the risk of facing litigation in the future, there are many different proactive steps a California employer can take to try and limit this risk. For instance, creating detailed contracts, a detailed employee handbook, and conducting regular audits of business operations can help a company either identify issues before they happen or proactively prevent them from ever occurring.
While business litigation can be a daunting experience, the process can be simplified if you secure the right legal support. California businesses are able to better protect their assets, resolve conflicts, and safeguard their reputation in the community when they have an attorney on their team fighting for their interests. Contact us today at Blake & Ayaz to schedule a consultation and learn more about how we can advocate for you.