Breach of Contract and Business Agreements

Disputes can arise in many areas, from breach of contract for performance (e.g., purchase or sale of products or services) to breach of contract regarding real estate (e.g., lease, purchase or sale, use, etc.) to breach of complex business agreements (e.g., partnership agreements, shareholder agreements, operating agreements, etc.), and often involve more than just money, as friends or family or continuing business relations are often factors in determining damages and best outcome.

Business Torts

In addition to breach of contract actions, civil disputes can arise regarding allegations of inappropriate behavior resulting in economic loss. These claims are wide-ranging, and include fraud or negligent misrepresentation, unfair and deceptive trade practices, interference with contract or business relationships, misappropriation of trade secrets, business defamation, and breach of fiduciary duty, among several others. These can be based on statutes or common law (established via case decisions rather than statute).

Negotiation, Mediation, Arbitration, or Litigation

We work with clients to assess the risks faced (e.g., how clear and persuasive is the evidence of breach of contract or misconduct?) and to determine the best strategy and options to maximize the client’s result as early in the process as possible. Litigation can be time-consuming, frustrating, and expensive, often making negotiation and alternative dispute resolution methods such as arbitration or mediation preferable.

Negotiating with well-chosen words, communicated effectively, can often lead to early resolution. If negotiation does not derive good results, mediation or arbitration are available, or may be required by the court. In mediation, a trained third-party mediator acts to help the parties work to a resolution. Arbitration is a process by which a third party, usually an attorney or retired judge, hears the evidence from all parties, and makes a decision. In negotiation, mediation, or arbitration, we help our clients with the appropriate preparation and presentation.

In a lawsuit, correctly framing claims, defenses, counterclaims, and replies is very important to properly positioning the case to be heard by a judge or jury. Similarly, making and defending motions at different stages can dramatically affect the outcome. At trial, evidence is presented through witnesses and exhibits; objections are made and defended; and facts and proper application of the law are argued. Our experience, preparation, and presentation make a difference.

Request a Consultation