We recently caught up with Emma Collins from Dracup & Patterson to discover the most common types of business litigation. This is what she said:
“Business litigation involves disputes arising out of business and commercial related transactions of a non-criminal nature.
It can sometimes be deemed unavoidable, although it is still recommended that companies get the proper legal advice possible to lessen the chances of being sued for any issues or conflicts that come up. It should be in the company’s best interest to make smart and rash decisions to avoid being put in such a bind.
Being sued and named as a defendant in a lawsuit will result in a trial in which you will need to tackle all the issues to try and garner a positive outcome. There can also be a possibility that your company’s rights will not be respected, which means your company will need to become a plaintiff in a lawsuit. The company will then need to use the legal system to remain operational and profitable.
There are many common reasons as to how companies end up in court as a lot of different situations arise in the world of business operations. Read on to learn more:
Intellectual Property Disputes
This basically means that all your intellectual property belongs to you and your company only. There are instances in which other companies will try to use them without your permission.
However, you can counter this by hiring business litigation lawyers to help you make a claim to prevent the disclosure of trade secrets when your rights were clearly violated.
Breach of Contract Cases
This happens when the legally binding agreements between the parties were not followed. This is called a breach, and the damaged party can seek compensation for actual losses caused by this breach.
Employment disputes mean having the power to file a claim against employees that violate agreements such as non-disclosure agreements. Companies need to be careful, though, as the said employee can also sue them for wrongful termination, harassment or discrimination.
The company will need to have a very good work environment in order to win the case as their process in hiring will be checked, their work culture, and so forth. If the company allows the co-workers to create a hostile work environment, the said employees are not at fault, but instead, it will fall on the company.
Partnership Disputes Or Shareholder Litigation
A lawsuit of this order can occur when partners don’t agree with one another or if shareholders have a problem with the way the company is being run.
Product Liability Cases or Personal Injury Claims
It is usually considered a product liability case or a personal injury claim when a company could be sued and filed for a lawsuit due to producing harmful products or in the event of someone getting injured and hurt in their own work place.
Business litigation is a serious matter, and whatever involvement companies have from the reasons above, they must understand all the issues well and plan out possible conclusions to resolve them. Only through this will they create a positive outcome and a safe and secure environment for the future.”
Who is Dracup & Patterson?
Dracup & Patterson are equipped with business litigation attorneys that have handled diverse clients in different business fields dealing with various business conflicts such as business and corporate law, real estate, contracts, appeals, personal injury, and insurance recovery laws.
They are a business litigation law firm that has evolved through the years to further understand and help your business mediate, succeed, resolve, and prevent legal matters in all aspects of your business.