Even the best business relationships can turn sour, triggering what could potentially be costly litigation that drains resources that would be better invested in the company. In many instances, litigation is simply unavoidable due to the nature of the dispute between the parties. But there are also cases in which alternative dispute resolution (ADR) methods can serve as a viable alternative to battling it out in court. Whichever side of a lawsuit your business is on, it’s imperative to retain knowledgeable legal counsel. Let SederLaw’s Litigation and ADR Practice Group guide your team and work to protect your bottom line.
Different Types Of Business Litigation
A company can be sued from inside and outside the organization, from employees (current and former), competitors, suppliers, governmental entities, and many others. If you are facing these and other common types of business lawsuits, our legal group can help:
Breach of contract. This is among the most frequent sources of business litigation. Contracts will govern just about every relationship your company has with its employees, leadership, and third parties. Whether your company has been accused of violating the terms of a contract, or you need to pursue another party that has breached its contract with you, the financial consequences could be significant.
Employment matters. Current, departing, and former employees may file a lawsuit against your company alleging a wide range of misconduct. Employment disputes include:
- Workplace harassment and discrimination
- Wage and labor complaints
- Wrongful termination claims
- Retaliation and whistleblower lawsuits
- Breach of employment contracts
- Non-disclosure, non-compete, and breach of confidentiality allegations
- Lawsuits alleging violations of state and federal law, e.g. the Family and Medical Leave Act
Intellectual property issues. If another company or individual is violating your intellectual property rights, or your business has been accused of doing so, there’s a strong chance the matter will wind up in court. These lawsuits involve such varied matters as patents, trademarks, copyrights, and trade secrets.
Partnership and shareholder disputes. Partners can run into disagreements with one another over how the partnership should be run or actions it should (or should not) be taking. Meanwhile, corporate shareholders may not like how the corporation is being operated and could file a lawsuit.
Breach of fiduciary duties. Fiduciaries are certain individuals who are required to act in the best interests of others and observe certain duties such as loyalty and good faith. In business, there are numerous fiduciaries, including some of those mentioned above (e.g. corporate officers and partners). Alleged breaches of fiduciary duties include:
- Embezzlement and other misuses of funds
- Conflicts of interest
- Illegal activity
- Failing to provide adequate accounting
Product liability and personal injury claims. If your company manufactures a product or provides a service that causes injury to someone, it could be facing a claim for significant damages from the injured party. Sometimes these cases are large enough that they become class action lawsuits. Regardless, your business will need skilled litigators to defend it.
Government investigations and lawsuits. Regulators and enforcement agencies from the local, state or federal government may target your company. You could be facing scrutiny over tax issues, insider trading claims, product liability matters, and much more. Even if your business has only been notified of a pending investigation, it is imperative to retain legal representation.
Litigation Services We Provide
We view litigation as more than just going to court, although for many business disputes, that’s an essential component. Our firm takes a more comprehensive approach in serving our clients. The litigation-related services that we offer include:
Risk mitigation. The best way to handle litigation is to prevent it from happening in the first place. This is where risk mitigation can protect your organization. We can review your business operations and relationships to determine whether there’s a likelihood your company will be sued. If so, and where possible, we will work to avert litigation.
Internal dispute resolution. Sometimes, problems that arise within the company can be dealt with discreetly so as to prevent them from growing into a lawsuit. This often occurs with disputes between employees or between company leadership and employees. Our skilled litigators are ready to handle any internal matter that threatens your business.
Alternative dispute resolution. If there is threatened or actual litigation, whether within your company or between your business and a third party, it is strongly recommended that you consider alternative dispute resolution (ADR). There are various types of ADR, with the two most common being mediation and arbitration.
ADR offers a number of potential benefits, including:
- Shortening litigation (if it’s already started) or avoiding it to begin with (if litigation is threatened)
- Saving your business time and expense
- Allowing the parties, rather than a jury, to determine the outcome of the dispute
- Preserving key business relationships that might be destroyed by protracted lawsuits
- Maintaining confidentiality instead of exposing either party to a public trial
Even if a trial date has been set, you and the opposing party can still avoid going to court and can settle the matter using ADR.
Litigation. Of course, in many cases, litigation is either the most advantageous option or is unavoidable. We’re prepared to represent you and your interests from start to finish, whether you are the defendant or the plaintiff company. Our firm understands all aspects of business litigation, including civil procedure, discovery, and rules of evidence. We will work to maximize the damages you win as a plaintiff or minimize the liability you face as a defendant.
Contact Our Worcester Business Litigation Attorney
Litigation can be distracting at best and financially devastating at worst. No matter the nature of the lawsuit, however, your business deserves a dedicated law firm that not only knows the law but has what it takes to effectively advocate for your company. Contact SederLaw today to learn more.