May
17
2022
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Healy & Jordan PLLC
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Business Litigation: Everything You Need To Know

Business litigation cases can become a nightmare for a company to navigate if they do not have the right resources. Unfortunately, they happen all the time.

What is business litigation, and why should it matter to you?

In this guide, you learn what business litigation is, what it includes, the various types, and how a lawyer can help you in this type of case.

What Is Business Litigation and What Does It Include?

Business litigation is a process where you would take issues that deal with business and commercial transactions to the courts. These cases revolve around legal disputes between companies.

6 Types of Business Litigation

Business litigation cases involve many types of legal issues. They can also spread across various industries.

Here are some examples of different business litigation cases. That way, you will better know what areas you will need to discuss with a lawyer.

1. Class Action Lawsuits

These types of lawsuits involve a group of people suing a defendant over a common issue. Class action lawsuits happen to recover funds collectively. These cases will arise from debt cases, data breaches, or product liability in many scenarios.

The people suing a company must follow certain conditions to certify their case. In this scenario, a company will need a business litigation lawyer to help defend its case. Hiring this type of lawyer will also ensure both parties reach a fair agreement.

2. Nondisclosure

When signing a nondisclosure agreement, employees must not reveal information about the company. These are in place to protect competitors from stealing trade secrets. However, in some cases, employees may think the agreement is one-sided.

Depending on the contract’s stipulations, a company could sue the employee for publicly disclosing information. A business could recover some of the money lost from the exposed trade secret.

3. Breach of Contract

Contracts govern every aspect of a successful business. Whether they cover terms of employment or transactions. In many scenarios, employees, contractors, or partners may violate a clause within the contract.

That is why many business litigation cases that reach the courts result from breached contracts.

However, a business can also violate these contracts, which is why another party could take them to court.

4. Breach of Fiduciary Duty

These cases happen when one party takes responsibility to act in the interests of another. Examples of relationships include:

  • Agent to principal
  • Employee to employer
  • Officer to shareholder
  • Minority to majority shareholders

This responsibility stems from working in a specific field. For example, real estate agents or financial advisors.

Many fiduciary duty cases will arise from conflicts of interest, misappropriating funds, or illegal activities. In these cases, the plaintiff must prove breach of fiduciary duty by showing the fiduciary acted in bad faith.

5. Employment

In many scenarios, an employee who has faced oppression could take their company to court. These cases can arise from wrongful termination, Family and Medical Leave Act (FMLA) violations, retaliation claims, and other situations.

Many employee disputes will include state- and federal-level laws. Thus, a business, or their lawyer, will need proficiency in both areas.

6. Shareholder Disputes

Various scenarios can trigger minority shareholders to dispute with majority shareholders or corporate officers. A couple of examples include denying access to records or breaching shareholder agreements.

Depending on the case’s severity, the company could have to pay for damages or liquidate assets.

How Can a Business Litigation Lawyer Help Me?

A business litigation lawyer who will manage both major and minor disputes. Services these types of lawyers include:

  • Consultation, litigation, and representation for employment law
  • Representation for breach of contract cases
  • Dispute management for cases that involve interpretations or contract negotiations
  • Manage issues that arise from company shareholders’ concerns

These lawyers can help you settle commercial-related disputes outside of court in many situations. Taking this route will significantly lower costs and save both parties time.

An experienced lawyer will know all federal and commercial laws whether you enter a courtroom. This knowledge can significantly help your cause.If you need business litigation representation in New Orleans, or Gulfport, MS, Healy & Jordan PLLC can help. Contact us today and let us know what you need. Afterward, we will arrange your free consultation.

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