Partnerships, corporations, and other entities with limited liability have to represented by an attorney when an action is filed against them or by them in New York. Before the process of the court gets started, legal counsel is going to be needed in providing vital assistance in more than one aspect of the organization. Business litigation attorneys in New York can help you identify potential liabilities, which you can address or avoid before they become expensive legal battles. If you cannot resolve the issues through arbitration or preliminary negotiations, litigation might be the best remaining option.
Some of the common types of business litigation are business torts, contract disputes, partnership and shareholder disputes, consumer actions, fiduciary breaches, and product liability cases. If a legal entity or legal entity harms the contractual relationships or interests of a business, they can be held labile for tortious interference. Tortious interference can be defined as a claim where the defendant is alleged to have caused the disruptions of the relationship between a third-party and the plaintiff by causing the breach of their contract. The NY business law firm of Rosenbaum & Taylor is ready to help you with such issues.
For a tortious interference case to succeed, the plaintiff is required to show that there was a contract with another business or person, and the defendant knew about the contract, but the defendant intentionally interfered with it to result in a breach, there was an actual breach, and the actions of the defendant forced the plaintiff to incur damages. If the court finds that the actions of the defendant made it hard or impossible for either of the parties to do what they were obligated to by the contract, then a tortious interference may be found. An example can be failing to vacate a commercial property and the new lessee could not take possession.
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How can a Litigation Lawyer Help a Breach of Contract Case?
Many contracts and agreements are being signed daily. This is why there will always be a breach of contract disputes around. It is important to write the contract well to have solutions to breaches. When there is a contract dispute, there should be a provision covering terms of liability, arbitration, mediation, legal jurisdiction, etc. Not all contract disputes are going to be easy to cure.
When working with our business litigation attorneys, we are going to help in negotiating contracts and agreements and handle any litigation if there is a breach of contract. Some of the services we provide when it comes to breach of contract disputes include;
- Commercial B2B Contracts
- Intellectual Property Related Agreements and Licenses
- Buy-Sell Agreements
- Employment Agreements
- Maintenance Agreements
- Manufacturing Agreements
- Non-Disclosure Agreements
- Information Technology Contracts
- Reseller Contracts
- Financing Agreements
Many claims usually come up during a larger business dispute, with breach of contract claims being one of them. This is why you need to have an experienced litigation attorney who has dealt with many commercial and business-related disputes.
Some primary types of contract breaches are;
- Minor Breach of Contract
- Anticipatory Breach of Contract
- Material Breach of Contract
- Actual or Fundamental Breach of Contract
We have experienced attorneys who have handled complex breach of contract cases and have a good understanding of business law including business litigation.
Should I Hire a Lawyer for Fraud Disputes?
Business fraud can happen as a result of misrepresentation or deception, and this can be through claiming or omitting something. There are different contexts that fraud can occur, some being employee fraud, business fraud, fraud during the sale or purchase of goods or services, and many other scenarios. Many of the fraud cases tend to involve more than one area of law, and this makes it important for businesses to find legal knowledge that will protect them from fraud. A great option is hiring attorneys who have experience handling business litigation disputes who will then provide the business with proactive measures.
Fraud litigation can involve different legal issues and claims from commercial litigation to civil litigation related claims, and this can include;
- Fraudulent inducement
- Omission, misrepresentation, and Non-Disclosure
- Fraudulent Concealment
- Intellectual Property Issues
- Fraud by Business Partner
- Tortious Interference
Business fraud litigation can end up in injunctive relief, monetary damages, potential disgorgement, and even damage to the reputation of the business. If you notice any fraud, make the effort of consulting a business attorney experienced in such issues. When you work with experienced litigation attorneys, they are going to identify any issues at the start and make sure that the case is being handled properly. An injunctive or restraining order might be needed to prevent further damage.
Fraud is something that every business is susceptible to and will have to deal with it at one point or another. We have a lot of experience when it comes to handling cases involving business fraud, and we have helped in prosecuting and defending business fraud litigation cases. They can also advise proactive approaches the business can take, which is going to help them save a lot of money from disputes arising later. Our lawyers help clients with strategies they can use in preventing fraud litigation and fraud disputes. The clients can get this through services such as:
- Review of commercial agreements and contracts
- Corporate governance counseling
- Creation of employment, non-compete, and non-disclosure agreements
- Due diligence reviews
- Protection of intellectual property assets
Does a Breach of Fiduciary Duty Require an Attorney?
This will arise when a person (often a professional) is alleged to have breached a duty to others. There is a high standard of care when it comes to fiduciary duty, and there is a level of loyalty required. This is why a fiduciary comes with an ethical or legal relationship of trust. This is why it is going to be important for someone with business litigation experience and business acumen to handle the issues. They will do an analysis of complex business disputes that comes from the breach of fiduciary duty.
The law recognizes that fiduciary duties can come in different contexts. This is why fiduciary duty tends to include claims for fraud and other business torts. The claims need to be addressed fast, and this can be done with the help of a litigation attorney who has experience handling such claims and a great understanding of business litigation law.
Litigation can quickly move and can involve a request for immediate relief, such as temporary or preliminary injunctions, temporary restraining orders, expedited discovery, etc. Because of the urgency and importance of these requests in mitigating losses, it is important to get the help of an experienced counsel.
Some of the ways an experienced business litigation attorney can help a business prevent disputes include;
- Reviewing and structuring the internal corporate agreements
- Implementing specific fiduciary agreements
- Corporate governance consultation
- Non-disclosure, and non-compete agreements
Our team of litigation attorneys has a lot of experience and understanding when dealing with business law, and the proactive measures that can be taken when preventing the breach of fiduciary duty litigation. They also have experience when defending and prosecuting cases involving breach of fiduciary duty.
What Non-Compete Issues Can An Attorney Help With?
Non-compete issues cases involve contracts that the employees agree not to compete with an employer for a given amount of time. Non-compete litigations that involve those contracts have recently increased. Non-compete agreements can have several covenants, from not disclosing any confidential information to not soliciting from the customer of a former employer.
Litigation of cases involving non-compete agreements tends to move fast and can involve requesting immediate relief. There are challenges that non-compete litigation gives the business. Before the non-compete litigation starts, it is important to have business litigation strategies.
It is important to have non-compete agreements that have been drafted properly because it will help in enforcing and providing protection. Our attorneys are going to advise you on the structuring of employment agreements which is going to help in preventing unfair competition from former employees. Our attorneys know how important it is to have a well-drafted agreement in place to provide protection.
If you cannot avoid litigation, then a non-compete agreement is going to be helpful since it makes the process more efficient and less costly. Our attorneys represent defendants and plaintiffs in non-compete disputes in New York and across the country.
How Can Lawyers Help IP Disputes?
Intellectual property disputes can cover more than one intellectual property rights. IP rights help in covering original creative expression. The categories of IP include;
- Right of Publicity
- Trade Dress
- Trade Secrets
The IP attorney is going to do a review of the intellectual property and assets of the business. Many businesses don’t even know the valuable IP rights that need to be protected. Our attorneys will give you advice on protecting and enforcing your intellectual property. Our IP attorneys have experience representing both the plaintiffs and defendants in IP litigation in both the state and federal courts.
Insurance Coverage Disputes
This can come up when the insurance provider refuses to cover a claim because of breach, non-coverage, or misinterpretation of the policy/coverage.
There are many different types of insurance and also different types of coverage. Some examples that insurance businesses seek to include;
- Business Interruption
- No-Fault/ First-Party Coverage
- Property Loss
Many businesses will not do the scrutiny of the language in the policy until there is a dispute in coverage. The disputes can be a result of ambiguity, interpretation differences, the burden of proof, and many other issues. This is why it is a good idea for business owners to work with an experienced insurance coverage attorney who has handled negotiations and disputes from the start of the dispute.
Contact Rosenbaum & Taylor’s Business Litigation Attorneys in New York
Rosenbaum & Taylor is a law firm experienced in handling complex insurance coverage disputes. Our New York business lawyers can help you because they know the importance of having a well-drafted insurance provision that prevents any disputes from coming up later.