LOS ANGELES BUSINESS LITIGATION LAWYERS
Businesses can face many hurdles. They begin, grow, establish themselves, and rise above their competitors with hard work. Companies prepare themselves for the challenges of growth through planning, structure, and action. However, there are some challenges that are difficult to plan for. Workplace disagreements, allegations of harassment, and broken contracts are just a few examples of problems that can hinder a business’s success. But these situations don’t have to lead to the failure of a business. Hiring the right Los Angeles business lawyer can help you prepare for these moments so that if they arise, you have the support and confidence to handle them.
Our attorneys have a combined 60 years of
experience helping out businesses and individuals. Our multi-talented team can help you turn your business idea into a legally established company and represent you in any subsequent trademark, licensing, contract, labor, or compliance issues that arise.
Blake & Ayaz services clients in Santa Ana, Los
Angeles, San Diego and Orange County, and throughout California.
Call now at 714-364-1138 to schedule a consultation.
The practice of business litigation involves protecting the rights of a business or entity that is accused of wrongdoing. It also encompasses businesses seeking to prosecute another entity of wrongdoing against them. Specifically, business litigation is when facing a court proceeding. Business law oversees the day-to-day policies and procedures. Understanding the ever-changing facets of business law is important to understand what type of litigation is necessary to handle your case. That is why working with trusted and experienced business litigation attorneys is important.
TYPES OF BUSINESS LITIGATION CASES
There are Businesses could face litigation for many reasons. A few include:
- Business Contracts and Agreements. From creation to completion, these help businesses protect themselves in their agreements. When there is a breach of contract, disputes over the Terms of Agreement, or even failures in contract performance, the need to litigate these situations may be required.
- Selling and Purchasing Businesses. Ownership of a business is a big responsibility, and the process has many moving parts. Settling the disputes that may arise from negotiations, documentation, due diligence, and escrow laws may require litigation.
- Commercial Leases. Real estate, in general, is an important part of owning a business. However, forming and following leases and subleases can be costly to a business. They contain many elements that can cause disagreement and breakdown.
- Employment Laws. Knowing and understanding the rights and protections that apply to both businesses and employees is crucial to creating a positive working environment for all.
- Non-Compete Agreements. These are signed agreements in which an employee agreesto not engage in a similar profession, trade, or with another company that is in direct competition with their previous employer.When a business feels an employee has wrongfully broken this agreement, the case can move to litigation.
- Partner Disputes. If partners in a business have disputes over LLCs, percentages of ownership, disclosure disputes, and beneficiary terms, litigation may be necessary to settle the conflict.
- Class Action. When businesses are facing disputes from a group rather than an individual, there are many added complexities to the litigation process.
Other needs of business litigation could include accounting malpractice, fraud, and government liability. This list is not all-encompassing, and there are many business law challenges that Los Angeles area businesses face.
AVOIDING BUSINESS LITIGATION DISPUTES IN LOS ANGELES
Avoiding litigation is the ultimate goal. In order to do that, it is important that you have an experienced business attorney supporting you in the many aspects of business where problems may arise. This may include double-checking contracts and agreements, reviewing new employee paperwork agreements, and making sure that your business is following all state and federal guidelines. Many of the most common disagreements in business stem from not initially establishing the proper protections. Making sure there are signed agreements with vendors and other businesses, registering intellectual property, and choosing the right business entity are ways to avoid major litigation in the future.
ALTERNATIVES TO BUSINESS LITIGATION
Most business litigation can take a significant amount of time before all parties involved reach a mutually agreeable resolution. However, not all business cases must be resolved in court. There are several ways your attorney can assist you in settling these disputes. Many businesses seek to use Alternative Dispute Resolutions (ADR) to resolve legal issues. These alternate methods are often quicker and less costly in the process of resolving disputes.
The following methods can potentially help business owners avoid protracted business litigation. They may also have more control over the outcome of these cases than they would in litigation. An experienced Los Angeles business litigation attorney can help you determine the best ADR options available to you.
Similar to a court proceeding with a judge, this method takes the dispute out of the courtroom and places the process in the hands of an arbitrator whose role is similar to a judge. Like a courtroom trial, parties can present witnesses and submit evidence, but the decision is made by the arbitrator or a panel of arbitrators who will provide a written ruling.
By avoiding litigation through the mediation process, businesses can save time and money.Mediation is overseen by a third party who works to guide the disputing parties towards a resolution. It is possible for the parties involved to streamline a resolution to their dispute if they are both willing to negotiate constructively. The mediator will facilitate discussions between the parties and will likely have one-on-one sessions with each party. If both parties are able to reach a mutually agreeable resolution, the mediation process allows them to resolve their case without the stress or expense of litigation.
When two parties face a dispute but can reasonably work together to find common ground, this may be their best possible option to resolve the matter. Many businesses and their partners will periodically meet to renegotiate the terms of their existing agreements and contracts. Proactive negotiations between partners can potentially save all parties involved time and money by avoiding the need for civil disputes. With a trusted attorney that is looking out for your best interests, negotiations can be simple and straightforward.
BUSINESS LITIGATION RECOVERY
In the event that your business is facing the litigation process, it is important to understand how damages are awarded. The most common types of damages include:
- Compensatory damages. In general, financial damages could be awarded to recover any provable loss, mostly from income and profits, that the plaintiff experienced.
- Reliance damages. This occurs when a financial loss is not easily defined. It is then based on obligatory failures or misrepresentations from the defendant that impacts the plaintiff.
- Restitution damages. These are common in breaches of contract where the promises contained within are breached. The compensation awarded is the value assigned to the breach.
- Liquidated damages. This term is often seen in contracts, and it typically refers to damages that are not easily proven or quantifiable.
- Punitive damages. If the activity defendant was deliberate against the plaintiff to cause harm, there could be punitive damages.
WHAT DOES A BUSINESS LITIGATION ATTORNEY DO?
As a licensed attorney, the litigator is a legal expert who uses their experience and knowledge to help commercial or business entities navigate any legal issues that they experience. This could include day-to-day operational matters or representing their client in civil cases. Larger companies may employ a team of attorneys for this purpose, but smaller companies may not need such an extensive team. Allowing an attorney to handle a company’s Los Angeles litigation will save time and money. Some of the responsibilities of a litigation attorney include:
- Researching the situation in order to have a complete understanding of cause and responsibility.
- Identifying any experts that can help the business in the case.
- Looking through previous case law to establish precedent either for or against the claim.
- Writing briefs that identify the facts, detail the evidence, and, if necessary, identify the right to recover.
When bringing an attorney on board, it is important that you provide them with any and all pertinent information. That includes a timeline of events, emails, texts, photos, etc. The evidence that you can provide to your attorney will help them build the strongest prosecution or defense, depending on which side of the case you are on. Some of these options may come with an additional expense, but they could also be crucial. A single missed opportunity in the process could become costlier throughout the case.
Knowing when you need the services of an experienced attorney is vital in any litigation proceeding. In any situation that may result in a court case, it is important that you have an attorney assisting you with the process from the start. The sooner you involve legal counsel, the more time they have to prepare and explore every option.
BLAKE & AYAZ LOS ANGELES BUSINESS LITIGATION ATTORNEYS
When your business or corporation is facing legal challenges, it is important to have experts on your side who will work for you to resolve the litigation with your best interests in mind. Whether through negotiation, mitigation, arbitration, or a courtroom trial, your case deserves the dedicated time and energy to protect your business. You worked hard to build up your business; let us help make sure that it doesn’t fall. Contact our offices today, and let us put our combined 60 years of business law knowledge to work for you.
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2107 North Broadway Suite 106
Santa Ana, CA 92706