Even the most solid business plan cannot prevent legal disputes from arising in your company. When they do, you need to be prepared to protect yourself in the dispute, and that means working with an experienced Texas commercial litigation attorney.
Below are some of the most frequently asked questions about commercial litigation and the answers to them. Read on to learn more, and please reach out to Burch Law Firm if you are facing a dispute.
What Is Commercial Litigation?
Commercial litigation is a type of legal dispute pertaining to businesses. These lawsuits may be brought by individuals or entities that feel they have incurred monetary damages due to a range of matters, including contract disputes, insurance disputes, land disputes, real estate matters, lease disputes, debt collection, etc.
Are There Any Alternatives to Litigation?
There are a number of alternatives available for those who wish to avoid lengthy and expensive litigation. These are often referred to as alternative dispute resolution, or ADR. The most common of these methods is arbitration, in which a neutral party will hear both sides and make a decision, which may or may not be binding. Mediation is another type of ADR, in which a neutral mediator will try to facilitate discussions and negotiations but will not make a final decision or provide legal advice.
What Are the Common Types of Business Litigation?
There are many different legal disputes that arise in business settings. Some of the most common include:
- Intellectual property disputes
- Breach of contract cases
- Employment disputes
- Partnership or shareholder disputes
- Construction disputes
- Real estate, land use, and lease disputes
- Insurance disputes
- Product liability cases, or other personal injury claims
No matter the type of business litigation you may be facing, it’s imperative that you speak with an attorney who is knowledgeable in this area of law. Your attorney must have the experience and resources to prepare a vigorous case and argue for the best possible outcome for you.
Can I Sue a Financial Advisor?
Financial advisors can be held legally liable for your losses if they occurred as a result of fraud or negligence. In the simplest of terms, you must prove that the advisor is at fault for the losses you sustained. Before filing a claim, you should ask yourself the following questions:
- Did you lose more money than you thought possible?
- Did the advisor pressure you into investments you didn’t understand?
- Are there transactions on your brokerage account that you don’t remember making, or that don’t make sense to you?
- Do you suspect money is missing from your account?
- Did you invest based on false, misleading, or incomplete information?
If the answers to any of the above questions were yes, you may have a case against your financial advisor.
Can I Sue for Breach of Verbal Contract?
Oral contracts are often binding in Texas, but in order to sue someone for breaching this type of contract, you must prove it was actually binding. This means you must prove:
- There was an offer made by one party.
- The other party accepted the terms of that offer.
- Both parties understood an agreement had been formed, and they must both consent to the terms of that agreement.
- There must be an exchange of consideration, or an exchange of something of value between the two parties, such as one party providing a service in exchange for monetary compensation from the other person.
In order to be binding, oral contracts in Texas must also be lawful and complete. This means the contract cannot involve illegal activity or be ambiguous.
Can My Former Employer Stop Me from Working for a Competitor?
Yes, under a non-compete clause included in a contract, an employer or former employer can stop you from working for their competition. Texas law will enforce a non-compete under appropriate circumstances. Ultimately, it will be up to the court to decide whether you can work for a competitor.
Can I Sue When a Business Interferes with My Clients?
If another company or individual has interfered with your contractual or other business relations, you may be able to file a tortious interference lawsuit against them. This type of lawsuit is common when one person intentionally interferes with another person’s business relationships. If you can prove your case, you could be entitled to damages such as mental distress, punitive damages, and more, depending on the case.
What Is a Complex Business Dispute?
There are instances in which a business dispute is labeled complex. This typically occurs in two situations:
- The first is when there are multiple parties involved. This will increase the number of factors involved in the case, which will make it more complex.
- A case could also involve multiple venues, such as the state and federal courts, and a number of jurisdictions. When one case is being heard in all these different venues, it becomes incredibly complex.
Why Hire a Commercial Litigation Lawyer?
No business should enter into a legal dispute without the help of a commercial litigation lawyer. Here are just three of the main reasons you want a skilled attorney by your side:
- Protect your business interests: An attorney will assess your case from an unbiased standpoint and determine all your options for protecting your business interests. Business lawsuits can get quite personal, but regardless of the emotions involved in your case, your commercial litigation lawyer will develop a clear strategy based on facts and the law.
- Get experience on your side: Commercial litigation is an extremely complex area of law. A commercial litigation attorney will know the ins and outs of cases like yours, so you do not have to worry about making procedural mistakes or missing deadlines.
- Make sure you follow sound advice: A commercial litigation lawyer will know when it makes sense to go to court or get involved in a legal dispute, and when it doesn’t. They will help you make decisions that are in your best interests every step of the way.
What Is a Non-Compete Clause?
A non-compete clause, also sometimes called a covenant not to compete, bars someone from leaving one business and entering into a similar profession or trade working for a competitor. For example, a software developer may require employees to agree to a non-compete clause. If those employees leave, they are then barred from working with another software company. The concept behind a non-compete clause is that it protects the business owner from having trade secrets and other confidential information passed on to a competitor.
Do You Have a Legal Business Dispute? Call Our Texas Business Litigation Attorneys
If you have a legal dispute within your business, you should not attempt to go it alone. At Burch Law Firm, our New Braunfels business litigation attorneys can help. Whether you’re entering into contract negotiations or want to ensure you lawfully terminate someone’s employment, contact us today for your free consultation to learn more about how we can help your business.