Lawsuits between businesses are part of doing business. When such disputes cannot be resolved amicably or through negotiation, the businesses must seek assistance from courts or arbitrators through business litigation. Whether it’s a private individual, a partnership or a corporate organization that has a legal dispute with another business entity, such lawsuits usually involve similar types of issues. The lawyers at Gartenberg Howard are experienced in representing businesses and individuals in all of these forms of business litigation. We can help achieve your business goals.
Usually, the resolution of business disputes without the expense and time of business litigation will be preferable for everyone involved. Frequently, such a result is not possible. In such circumstances, a good business litigation attorney can be invaluable in helping you protect your rights and your company’s business interests.
Breach of Contract
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Contracts are key aspects of practically ever business transaction. The failure to perform a contract in accordance with its terms can constitute a breach of that contract, for which substantial damages may be awarded. The lawyers at Gartenberg Howard have handled many such cases, and have resolved such business litigation through negotiation and lawsuit. We have helped many businesses avoid liability for breach of contract. We also have represented businesses and individuals who have asserted such claims, and have recovered many millions of dollars on their behalf.
Breach of fiduciary duty can cause a strain between business partners or shareholders in family businesses, partnerships, closely held corporations or limited liability companies. Each member or partner has an obligation to act in good faith and with loyalty to the others. If a member violates that obligation, he or she can be held liable in damages through business litigation. Also, the court can order that any of the members sell their interest in the business to the other members or, sometimes, that they sell the business to the highest bidder. We have handled many of these disputes and are knowledgeable as to the benefits, risks, and requirements of such business litigation.
Businesses regularly end up in court over the uses of trademarks or copyrights, which are generally referred to as intellectual property. Any infringement on or misuse of a trademark or copyright is grounds for business litigation. We handle these cases in the United States District Court since they usually involve a question of federal law. If you believe you have such a claim or if you are the subject of such a lawsuit, we can advise you as to your rights and the best course of action for you to follow.
Finances and Investments
Many people are concerned about their finances and investments now, so anyone who suspects that his investment broker has not acted ethically may resort to business litigation against brokers who do not act in the best interest of the clients. If an investor suffers financial loss as a result of a broker’s unethical acts, such as unauthorized trading, self-dealing, pushing inappropriate investments, or fraud and deception. Our lawyers are experienced with all of these issues, which usually must go to binding arbitration, which is an increasingly common form of business litigation. We can explain all of these issues and help you obtain compensation for your losses.
If commercial insurance companies undervalue or deny a fair claim, then businesses, including small businesses, can employ business litigation to recover the amount they have lost. Insurance companies sometimes attempt to avoid fully paying a legitimate claim, or to avoid paying it at all, by using confusing or deceptive wording in the contract or by unlawful adjusting practices.
Also, insurance brokers and agents often fail to properly to assess the client’s needs, resulting in losses from under insurance when a catastrophe occurs.
Our lawyers have often appeared in court on such types of business litigation disputes. We can provide you with the knowledge that you need and the legal counsel that will help you achieve your desired result.