No one wants to think about the possibility that your business will need a lawyer, but in all likelihood, at some point in the life of your business you will need to engage the services of a business litigation attorney. It might be because your business was sued, it might be because you need to protect your rights, or it might be because of a dispute between business partners that causes one owner to leave the business. Regardless of the specifics of the situation, a business litigation lawyer may be able to help avoid litigation before a lawsuit is filed. And if litigation is inevitable, an experienced business litigation attorney will protect your company’s interests while allowing you to focus on running your business.
There are many different situations that can give rise to a business lawsuit. Your business may be the plaintiff needing to pursue a claim against another business, or a defendant who has been sued and must defend itself against a lawsuit. Either way, a business litigation attorney can help.
Intellectual property claims are those in which one party claims the other is using its intellectual property without permission. These could be claims of trade secret violations, copyright infringement, or damages as a result of a violation of a business’s intellectual property rights and may involve, for example, claims that another company stole a logo, a customer list, or a specialized business process.
Breach of contract cases are some of the most common kinds of business lawsuits and involve any claim that someone violated the terms of a contract. This could be a failure to deliver goods, a failure to pay for goods, a failure to perform or pay for a service, or delivering damaged or incorrect goods. While most business contracts are in writing, they do not necessarily need to be for a breach of contract claim to arise. If one party violated the contract and the other party suffered a financial loss, the aggrieved party might file a breach of contract lawsuit.
Labor and employment disputes arise between employees or former employees and their employer. The employee might be making a claim against the business, or the business might be trying to enforce its rights against an employee. Claims of employment discrimination also fall into this category.
Partnership or shareholder disputes may arise if some shareholders disagree with how the business is being operated.
Business litigation attorneys offer specialized services that lie at the intersection of litigation expertise and business know-how.
In most cases, it is wise to hire a commercial litigation lawyer before a lawsuit is even filed. An experienced business litigator may be able to negotiate a favorable settlement that can avoid the expense and headache of going to court. Other times, a commercial litigator can advise you if litigation is in the best interests of your company, or if it makes better business sense to forego the lawsuit. An experienced commercial litigator will also help you understand the likelihood of prevailing at trial, as well as the costs and time it will take to do so.
Business litigation attorneys provide more than representation in court. Indeed, it is even better to have an ongoing relationship with such a lawyer so that if something happens you will have the advantage of being able to move quickly. Once a business litigation lawyer gets to know and understand your business, they can help by looking after your company’s interests and taking steps to help you avoid litigation. By anticipating potential problems, a business litigation attorney can help your company stay away from problems you may not have even known existed.
One of the most important reasons to hire a commercial litigation lawyer is so that you can focus on what you do best - running your company. Most business owners are involved in every aspect of their business and do not have time to educate themselves on the law that applies to a given set of circumstances. Rather than taking your valuable time away from day-to-day business operations, hire an experienced commercial litigation attorney to handle the matter and advise you on the best course of action.
If you are a North Dakota or Minnesota business owner, you should be working with an experienced commercial litigation law firm that can protect your business’ interests. The experienced business litigation attorneys at Fremstad Law can help.
Working with our experienced commercial litigation lawyers allows you to continue to focus on running your business while Fremstad Law handles the legal case and keeps you up to date on any developments in the case.
With offices in Fargo and Valley City, North Dakota business lawyers Joel Fremstad, James Teigland, Mark Western, and Brandt Doerr are here to help protect your business’ interests and to move you forward. Contact us today by calling (701) 478-7620.
© 2021 Fremstad Law