General Business Disputes
No one ever begins a professional relationship anticipating that relationship will later turn sour. Unfortunately, contentious business disputes can still arise for any number of reasons. When commercial litigation arises from alleged breach of contract, unfair competition, improper use or disclosure of trade secrets, or other violations, it is critical to protect your company’s legal and financial interests by working with an experienced team of business defense attorneys.
At Bellatrix PC, we understand the economic impact commercial litigation can have on a business, and our legal team will sit down with you to discuss your goals and concerns in detail with a cost-benefit analysis. We are dedicated to finding practical and cost-effective solutions to even the most complex of conflicts, including mediation and arbitration where appropriate, and have obtained favorable outcomes for numerous clients across a wide spectrum of industries.
We defend businesses against claims involving, but not limited to, the following matters:
- Insurance Disputes
- Fraudulent Transfers
- Defamation, Slander, and Libel
- Commercial Debt Collection
- Breach of Contract
- Antitrust Violations
- Malpractice and Negligence
- Non-Compete Agreement Violations
- Non-Disclosure Agreement Violations
- Partnership Disputes
- Pricing and Price Discrimination
- Real Property Disputes
- Trade Secret Infringement
- Unfair Competition
- Unfair Business Practices
- Vendor Disputes
To arrange for a private legal consultation with our experienced commercial litigation attorneys, call the law offices of Bellatrix PC at (800) 449-8992. Don’t wait for your dispute to escalate – call today to start discussing how Bellatrix PC can assist.
What Are the Elements of Breach of Contract?
Most business disputes arise because two or more parties disagree about their rights and responsibilities under a contract or agreement, such as a stock purchase agreement or a franchise agreement. However, not all contractual disputes provide a strong basis for claiming breach of contract. In order for a breach of contract claim to be successful, all of the following elements must be in place:
- A formal contract must have existed between the parties. Be advised this can extend to oral contracts and verbal agreements.
- The plaintiff company must have either fulfilled or been excused from its contractual obligations.
- The defendant company must have either:
- Failed to fulfill its contractual obligations.
- Engaged in conduct which was prohibited by the contract.
- The plaintiff company must have been harmed by the defendant company’s failure to satisfy its end of the contract.
The burden of proof falls upon the plaintiff, who must be able to demonstrate that the aforementioned criteria have been satisfied. Moreover, the plaintiff must prove the defendant’s breach was material, or significant enough to actually result in damages to the plaintiff. Immaterial or non-material breach generally does not excuse the plaintiff from fulfilling its end of the contractual agreement.
Resolving Investor and Partnership Disputes: Mediation or Commercial Litigation?
Sometimes disputes arise within a single entity, such as a dispute between partners or investors. Internal disputes can be just as if not more debilitating than external disputes, impairing efficiency, demoralizing personnel, and bringing the affected company to a stand-still for as long as the disagreement persists. It is imperative to resolve internal disputes as rapidly as possible so that the business can continue to flourish.
In these types of cases, it may be appropriate to seek conflict resolution through mediation before resorting to the more aggressive measure of litigation. While litigation sometimes proves necessary to achieve a favorable outcome, mediation carries several advantages of its own. For example:
- Litigation pits opposing parties against one another, which can create feelings of bitterness and mistrust. Mediation offers a more cooperative and mutually-determined means of conflict resolution, which is ideal for preserving professional relationships. Mediation can help keep a business together, instead of resulting in a schism between partners.
- Mediation is simpler and less time-consuming than litigation. The sooner you can resolve your dispute, the sooner you can resume normal operations.
- Protracted litigation can deplete a company’s assets, which ultimately serves no one. In addition to protecting your professional relationships, mediation can also help to protect your company’s bottom line.
If your company is trapped in gridlock, or if your business has been served with a summons, try not to panic. While it’s perfectly normal to feel anxiety, anger, and frustration, it is critical that you assess and approach the situation calmly. It is of the utmost importance that you resist the temptation to lash out, whether in person or on social media, as any statements you make could potentially have a negative impact on the outcome of the case.
The better way to respond to an internal dispute or a legal claim against your company is to immediately contact an attorney for assistance. The business defense lawyers of Bellatrix PC have extensive experience helping partnerships, limited liability companies, and corporations efficiently resolve their internal and external disputes.
To schedule a private legal consultation, call our law offices right away at (800) 449-8992. Let’s start discussing how our team can help yours.