Legal issues, or the threat they pose, are some of the biggest concerns that a CEO or business owner has when running their company – and for a good reason. when legal issues arise they are accessed by Business Litigation Attorneys In Westchester County, NY. Because, when you’ve got your attention on achieving your goals and objectives, it’s precisely these legal issues that trip you up and sink your business. From privacy regulation to patent applications, companies face a myriad of potential legal issues today. And while it might not have been your firm’s intention to cause harm or break the law, without taking the necessary preventative measures, things can quickly spiral out of control.
Lawsuits are on social media and in the news constantly, and some companies have even gone under because they failed to defend themselves after a lawsuit. Commercial law is a vast domain, plus it’s quite complex. Experienced business litigation lawyers in Westchester County, NY, can help you navigate the intricate world of business law. Expert commercial litigation attorneys can represent your company’s interests in all kinds of legal cases.
Is your company being sued? Or perhaps you’re considering filing a claim on behalf of your firm? Whichever it is, you should get a lawyer who is experienced and adept at business litigation, and one who is familiar with the kind of legal situation your business is facing.
Rosenbaum & Taylor, P.C. has provided legal advice and representation to both defendants and plaintiffs throughout Westchester County and surrounding areas who are involved in different types of business litigation.
Our expert litigation lawyers are committed to helping you at every step of the way from initiating early resolution to searching for litigation alternatives to going to court. Our goal as a reliable and trustworthy law firm is to partner with you to develop strategies that allow us to get the best possible results regardless of the circumstances of the dispute, which led to business litigation. Call us to speak with business litigation attorneys today!
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What Is Business Litigation?
The business world is like the wild, not only can it be brutal and unforgiving to the weak at heart, but it also often comes with all kinds of disputes. When disputes threaten to wind up in a lawsuit, you’ll want to be prepared, and that means having a seasoned business litigation lawyer by your side to shield your assets as well as your financial interest.
While the definition of business litigation tends to vary, a majority of lawyers would agree that “commercial/business litigation” is an intricate area of law that governs the relations, rights, and conduct of individuals and companies engaged in trade, merchandising, sales and commerce.
In other words, business litigation involves almost every type of dispute that can arise in the business world. This kind of litigation means that two or multiple parties seek to resolve disputes concerning business transactions.
What Are Some Of The Common Areas Of Business Litigation?
No doubt about it, commercial liability is complex and relates to resolving or defending business-related legal disputes. Business litigation covers several contractual and tort claims and covers the following areas:
Real estate litigation
Minority shareholder rights & close corporations
Commercial insurance litigation
Complex contract litigation
And many more…
It’s important to note that commercial litigation is not limited to one company suing another. In some instances, individuals may also sue a business and vise-versa. Here’s a look at examples of business litigation:
Corporate litigation involves corporate-related disputes. Here conflict may arise due to breach of fiduciary duty. For instance, minority shareholders may recover against corporate directors if they breach their fiduciary duties.
Commercial Insurance Litigation
This is another common source of business litigation. A perfect example is where a business insurance provider either undervalues or denies a company’s fair claim. If that happens then, the victimized company may claim the amount it believed it is entitled to. Often commercial insurance litigation falls under contract litigation where an insurance provider relies on specific terms in the contract so as not to pay the full amount of an otherwise legitimate claim.
Commercial Real Estate Litigation
Revolves around disputes that arise from landlord-tenant relationships and real estate transactions, including property disputes, evictions, sale, and purchase transactions, and commercial leases.
This is where two entities are trying to claim ownership of the same invention or idea.
It is crucial that you approach the right business litigation lawyer in Westchester County, NY – someone who has the experience and expertise needed to help defend your interests through the entire case. At Rosenbaum & Taylor, P.C., our attorneys are not only highly experienced, but they also understand commercial litigation. We can effectively represent your business in all types of business litigation claims. We can also enforce your company’s rights against other parties. A reliable business litigation attorney can be invaluable in defending your business’ interests.
What Are The Causes Of Commercial Litigation?
Running a business, regardless of the niche or size, can be quite a challenge, particularly when you have to deal with issues that may lead to litigation. Sadly, business litigation is something every company must be ready to deal with at one point or another. This is why you see businesses invest in outsourced legal help (in addition to in-house lawyers) to help them deal with litigation. Here are seven causes of most business litigation lawsuits.
Breach Of Contract
Almost all business relationships are founded on contracts. For example, partners use partnership agreement contracts, tenants and landlords use leases, whereas suppliers make use of purchase orders. All of these are types of contracts, and conflict arises when one party breaches the agreement. There is a variety of contractual disputes ranging from failure to meet agreement duties or non-compliance with contractual clauses.
In cases involving breach of contract, the plaintiff must prove that they kept their side of the bargain, but the defendant failed to perform their part of the contract, and as a result, the plaintiff suffered damages.
When signing a contract, all parties involved must provide true and accurate information. However, if any party lied and either chose to misrepresent or conceal facts that should be made know to the other party, then they can be sued for fraud. The plaintiff of a fraud lawsuit must prove that the defendant knowingly withheld facts or misrepresented them, and the plaintiff relied on the misrepresentation, which caused damage to them.
Breach Of Fiduciary duty
It’s not uncommon for entrepreneurs/business people to have a special relationship with another business owner and come to develop a high level of confidence and trust in that individual. This unique relationship can pave the way for a fiduciary relationship. A perfect example of a fiduciary relationship is one between board members and partners of a company. That means that both parties have a fiduciary duty to make sure that the relationship between them is trustworthy. Breach of fiduciary duty lawsuits are more like cases of business betrayals – for instance, a partner stole a partnership client for themselves.
The plaintiff in this kind of lawsuit must prove that fiduciary duty existed, that it was breached, and the results of the breach caused damage to the plaintiff.
Often, regardless of how well a plan was formulated, many business partners end up finding themselves at odds with each other. Some of the common top triggers of shareholder disputes include financial issues, misappropriation of funds, and breach of fiduciary duty.
Infringement Of Intellectual Property
Your company’s intellectual property is a very precious asset, and you should protect your intellectual property rights such as patents, copyrights, and trademarks. The infringement of intellectual property is when an individual or entity uses a similar trademark or copyrighted material of another company without permission. Intellectual-property related incidences may lead to litigation.
Commercial Litigation From Negligence Torts
Negligence of torts is another primary cause of business litigation. These are actions done by your company or its employees, and they cause harm or injury to another individual. The individuals who suffer these injuries may institute commercial litigation against your business.
Employment litigation is something that many organizations don’t want to be tangled with. Unfortunately, many companies find themselves dealing with employment litigation from things like employment discrimination based on religion, sex, race, and so on. Workers who feel they’ve suffered some form of discrimination in your company may sue you.
When Can A Business Litigation Attorney In Westchester County, NY Help Me?
Westchester County, NY business litigation attorney can help you with all kinds of business disputes that arise under both New York and federal law. At Rosenbaum & Taylor, P.C., we offer premium legal services to individuals, businesses, and insurance companies throughout Westchester County, New York. Our lawyers are adept at business litigation and help you resolve a variety of commercial litigation issues, including:
Breach of contracts
Intellectual property infringement disputes
Breach of fiduciary duty
Shareholder and partner disputes
Product liability claims
Have one of your employees sued your company due to discrimination? Or perhaps there’s a fiduciary duty claim looming over your business? Whichever the case, a trustworthy and experienced business litigation attorney can help.
What Will Westchester County, NY Commercial Litigation Attorneys Do For Me?
It’s tempting to think that since you’re a well-versed business person, you have what it takes to handle business litigation on your own. However, commercial litigation is not a walk in the park. Even when you’ve been together with your partner for years, a partnership dispute can threaten the life of your business. You need an expert in business litigation to make sure that you win commercial litigation instigates against you. So, what exactly can a business litigation lawyer in Westchester County, NY, do for you?
Our accomplished attorneys at Rosenbaum & Taylor, P.C., can provide you with professional help throughout any business disputes that lead to business litigation. Here’s a window into some of the many steps we will take to defend your interest so that your company can come out on top.
When you contact our Westchester County, NY commercial litigation lawyers, the first thing we’ll do is analyze your case thoroughly. You might be required to answer a couple of questions to help us decide the best course of action.
If you’re a claimant, we will file your lawsuit in the appropriate Ney York court. On the other hand, if you’re seeking compensation, we will make sure we respond to the lawsuit filed against you on time before the set deadline.
Identify potential claims to raise, as well as counterclaims when your business has been sued.
Come up with a defense strategy when sued.
Exchange information with the claimant and their attorney during the discovery process.
Gather evidence, including turning to expert witnesses if need be to testify on your behalf.
Manage the proceedings of the discovery process, including interviewing witnesses and reviewing the presented information.
Prepare and submit all the necessary paperwork for the court lawsuit, including pleadings and motions during both the pre-trial and trial phases.
Explore possible out-of-court conflict resolution alternatives or negotiate a settlement.
Appeal the case if negotiation fails or if the results are unfavorable.
Ultimately, a litigation attorney will defend your business’s interest and make sure to tip the scales of the lawsuit in your favor. The representation you get from Rosenbaum & Taylor, P.C., will be tailored to the unique aspects of your situation.
Can Business Litigation Be Settled Outside Of Court?
Yes. There are several routes to take when looking to resolve commercial litigation other than having to go to court. However, there are many factors in play, and they can influence whether your case can be settled outside of court.
Regardless of the severity of the business dispute, we will endeavor to resolve the dispute through alternative dispute resolution techniques such as arbitration, neutral evaluation, mediation, and conciliation. In most cases, settlement out of court is in the best interest of both parties.
However, there are specific scenarios when business litigation is inevitable. Under such circumstances, when negotiations fall through, the only viable route is to go to court.
At Rosenbaum & Taylor, P.C., we do not encourage our clients to take on unnecessary business litigation. Instead, we encourage them to have an open mind and work with us so that we can find a sound legal solution. But we never steer our clients in a direction that is not in line with their goals and objective. Whichever the situation, our attorneys learn about your desired outcome and come up with the most effective strategy to meet your expectations.
What Should I Expect From Business Litigation?
Make no mistake; business litigation lawsuits are rarely easy, short, or cheap. Various expert witnesses need to be consulted and deposed. Plus, the discovery process can be complex and time-consuming. So, if your company is involved in a business dispute, you might want to move quickly and reach out to a reputable business litigation law firm.
Whenever clients seek out our legal services, we schedule a no-cost initial consultation to analyze the business litigation lawsuit filed against your business. Once we’ve reviewed all the details, our lawyers must collect evidence to defend you.
For instance, if you’re being sued for breach of fiduciary duty, our attorneys must prove that you did not in any way breach your fiduciary responsibility and that your business relationship with the claimant was honest and trustworthy. We will interview witnesses, and show that the claimant did not suffer any damages due to the breach.
Is your company facing business litigation? If so, our lawyers at Rosenbaum & Taylor, P.C. can represent you and even countersue. If the claimant is difficult and refuses to settle the dispute out of court, you can count on our attorneys not to pull their punches in court.
Why Should I Hire A Westchester County, NY Business Litigation Attorney?
Whether your business is being sued or you’re being asked to solve a business dispute through mediation, you’ll need an experienced business litigation attorney in your corner. While there’s a myriad of conflicts that can fall under business litigation, never-ending legal disputes can cripple your company’s ability to remain focused, competitive, and even threaten its operating goals.
That is why it’s highly recommended to prevent business litigation and handles disputes as soon as they arise. With seasoned litigators of Rosenbaum & Taylor, P.C. next to you, you will have the power to resolve business-related disputes fast and effectively.
Here at Rosenbaum & Taylor, P.C., we tackle business litigation through proactive guidance and timely response to emerging threats and opportunities. Our lawyers draw from their extensive commercial litigation experience to help you achieve your desired outcome. Whether you’re a claimant or defendant, we can protect your business’ reputation and future while achieving appropriate resolutions for all your legal disputes.
Call Rosenbaum & Taylor, P.C. today for all your business litigation issues!
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The law firm of Rosenbaum & Taylor provides high quality legal advice and representation to insurance companies and their insureds, third-party administrators, businesses and individuals, protecting their interests in both litigation and transactional contexts and defending a wide range of claims and lawsuits.
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