A Business Law Attorney's role is to provide non-criminal litigation advice to clients. Disputes, contracts, alliances, liabilities, and a variety of other topics are examples of these fields. Corporate structure and intellectual property are two examples of specializations. When business conflicts occur, they can be difficult to resolve by negotiation or arbitration, which can lead to business litigation.

Find a Business Lawyer for Business Disputes

Business litigation is critical to both the company and the economy as a whole. When companies have competing claims against one another or against individuals, representation is needed to ensure that justice and fairness are upheld. Since high-stakes litigation can sometimes mean the difference between life and death for a company, you can't afford to hire inexperienced or subpar counsel.

Areas of Business Litigation Practice

Businesses must deal with a variety of legal issues, and the bigger the company, the more problems it will face. Premises liability, local laws and licenses, patent law claims, claims by entities and other companies, and claims against others are only a few of the legal challenges that a company can face. You will guarantee that your interests are well-represented in these matters by hiring a company litigation solicitor.

Company litigation covers a wide range of issues due to the diversity and uniqueness of companies. Our prescreened Los Angeles Business Lawyer acknowledges that the needs of business owners necessitate a deep knowledge of a variety of practice areas. As a result, our lawyers handle a wide range of company litigation issues.

1. Commercial Torts

Even if you did not have direct contact with the defendant in the first place, you might have a claim for damages if another corporation or person caused your company to incur harm due to negligence or knowing malice.

Company torts are the legal term for these types of wrongdoings. The following are some examples:

Abuse of the legal system
Violations of antitrust laws
Fiduciary duty violation
Corporate espionage
Equity dilution systems
Fraudulent activity
Squeeze-outs and freeze-outs by minorities
False advertising
Confidentiality
Embezzlement/Theft
Misappropriation of a trade secret
Dishonest marketing practices
Inequitable rivalry

2. Contractual Breach

People can afford to negotiate with each other because of contracts. Many of the lucrative partnerships that business owners enjoy today would be difficult to maintain or would leave small business owners helpless if contracts were not in place. Contracts, in the end, level the playing field by holding big corporations accountable to independent, one-person businesses.

One of the most important goals of business law is to protect the sanctity of contracts between companies. The other party has the right to keep someone accountable if they want to break their deal.

WHAT DOES IT MEAN TO BREACH A CONTRACT?

A breach of contract occurs when either or both parties refuse to fulfill their obligations or deliver the goods promised in the contract. There are two types of contract breaches: material and minor. When one party receives a product or service that differs substantially from what the contract promised, this is known as a material breach. The other party is released from the contract as a result of this violation, and reimbursement for any services rendered is no longer owed.

If one party fails to fulfill a part of the contract, but the other party still receives their product or service, this is known as a minor breach of contract. A minor delay in delivery, for example, would result in a minor violation because the other party obtained what was promised but slightly later. In minor violations, harmed parties will still be allowed to pay for services as long as the primary aspects of the contract are met.

However, in any case, the judge will seek the plaintiff's damages. And if only a minor violation resulted in negligence, the plaintiff is still entitled to compensation. For example, if a plaintiff would show that a delay in marketing material delivery resulted in a substantial loss of sales for her company, the marketing material supplier will be liable for the damages she suffered.

In certain situations, a party can feel betrayed or have a different view of the contract's expectations. Misunderstandings are common, despite the fact that a legal contract is meant to represent a "meeting of the minds."

A party can also fail to keep their end of the bargain in other situations. Breach of contract happens when one party breaches the contract's terms, and the other party suffers a loss.
Disputes can also occur over problems that aren't discussed explicitly in the contract. Many contracts, particularly those not written by a Business Lawyer, fail to resolve important issues that may arise.
Contract disputes may also arise as a result of a broken promise or representation on which one party depended to their detriment. Contracts do not have to be in writing to be legally binding; oral contracts are also legally binding.
Parties normally agree to satisfy their respective obligations under a contract when they sign it, at least at the beginning. Contract disputes, on the other hand, often occur later for a variety of reasons.

HOW CAN YOU PROVE THAT A CONTRACT BREACH HAS OCCURRED?

A breach of contract can be extremely damaging to your business, so it's not something you should take lightly.

To prove a breach of contract claim, you must show that your case satisfies four key criteria:

There was an agreement.
You, the plaintiff, complied with the contract's terms.
The defendant failed to comply with the contract's conditions.
You were harmed as a result of this breach of contract.

3. Litigation in the Real Estate Industry

When it comes to commercial real estate, the stakes are extremely high. These are expensive assets with complicated contract terms or leases. They necessitate a great deal of preparation, financing, spending, and growth. Our Business Lawyer in Los Angeles offers personalized service to ensure that you or your company has the legal defense it needs to thrive.

Real estate ownership has many benefits, but it frequently necessitates the ability to manage disputes creatively. There are many types of ownership conflicts, including the following:

Commercial or residential land possession conflicts

Deeds, names, and conveyances are all examples of technical ownership problems.

Parents' or elders' property transfers

Disproportionate control

Trespass And Nuisance

Although these two fields of law are often lumped together since they both require property interference, they are not the same.

Trespassing is described as a deliberate and unlawful physical invasion of another's land.
A nuisance is a property intrusion that interferes with the use or enjoyment of the property. Illegal dumping, right-of-way obstructions, noise and odor breaches, and other nuisances are examples of nuisances.

Encroachments - occur when owners of contiguous land treat a part of another's land as their own. This may involve illegally erecting a fence or driveway on your property. If left unaddressed, your ownership rights can deteriorate over time. We'll make sure your property stays yours, or we'll protect you if you think you were acting legally when it came to someone else's property.
Quiet title actions include fixing any flaws in your property's title. If multiple ownership claims, succession conflicts, or other issues arise, your lawyer will take decisive steps to address them.

Other types of residential and commercial real estate litigation include:

Breach of a contract of purchase and sale
A purchase agreement's specific results
Warranties and construction defects
Land use and zoning issues
Disputes over commercial lease options, renewal terms, or assignments
Tenant-landlord disputes in commercial, retail, or industrial properties
Easements, borders, and encroachments are also examples of title issues
Disputes between contractors and real estate developers

We recognize how important it is to meet your litigation goals in a timely and cost-effective manner. As a result, whenever possible, our prescreened Personal Injury Lawyers do all they can to settle your conflict on favorable terms through negotiation.

4. Business Litigation

Commercial cases, defenses, and counterclaims are handled by a Business Law Attorney in the circumstances such as the following:

Contractual disagreements
Litigation of commercial real estate
Fraudulent conveyance or transfer claims
Rights in secured lending arrangements are enforced
Problems with collateral liquidation on a commercially fair basis
Third-party guarantees and pledges are the subjects of legal action
Questions about goods sales, such as production contracts and conditions contracts
Force major clauses and other nonperformance terms: interpretation and implementation
Contract or fraud charges, as well as nondisclosure agreement breaches, are common in company selling disputes.
Disputes over the commercial paper, promissory notes, or check or note endorsements
On the forged document, negligence charges against banks or other payors
Disputes occurring under the Uniform Commercial Code in other ways (UCC)

Aside: What is the UCC?

The original UCC was created by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, two national legal organizations. These organizations set out to make commercial practices in the United States more predictable and consistent.

The UCC is divided into nine articles, and every state (except California) uses these articles as the foundation for the regulatory climate in which businesses work. California has its own collection of posts, but they are quite similar to those found in the UCC. Each article is divided into bits, which are then further divided into sections. Every section has its own set of rules.

What are the issues that the UCC discusses?

There are 11 posts in the UCC. Parts have been added to these documents. The following are some of the issues that the UCC discusses:

Leases and sales
Instruments that can be negotiated
Transfers of funds, letters of credit, bank deposits, and bank collections are all examples of financial transactions
Documents with titles
Securities for investment
Transactions that are safe
Bulk purchases

The Uniform Commercial Code (UCC) defines commercial contract terms

Courts in Newark commercial law cases often refer to the UCC for clarification when there is a contract for products or when the court needs to understand a specific clause. The Uniform Commercial Code (UCC) gives basic meanings of commonly used words in commercial contracts. In contrast to utilities, the UCC usually includes details relevant to the selling of products. When the UCC mentions leases, it usually refers to goods leases rather than real estate leases.

The UCC's versions and amendments

The first edition of the UCC was published in 1952. The UCC, on the other hand, has undergone several revisions. The UCC does not have legal jurisdiction of its own. Both states, on the other hand, have accepted all or part of the UCC. There can be substantial time gaps between when an amendment to the UCC is made and when the state formally adopts the revision. In practice, the UCC can be used as a reference point for the standard across several states.

UCC filing and UCC cases

The following are examples of UCC disputes:

Contractual Breach
Product or service sales
Contractual clauses that are illegal
Contract wording that are ambiguous or lacking

Litigation, mediation, or arbitration may all be used to settle UCC filings. In certain cases, resolving a conflict might actually entail forcing one party to comply with the terms of their contract. In certain situations, however, the core of the contract may fully fail, and one party may lose confidence in the other's ability or willingness to fulfill the contract's terms. In that case, the non-breaching party can seek compensatory and punitive damages from the breaching party. They should be compensated for lost time, money, and false promises due to the other party's inability to fulfill their end of the bargain.

The following are some examples of damages:

Consequential damages. Consequential damages are awarded as a result of the violating party's failure to follow the contract's terms. The harm to the non-breaching party must be shown to be predictable.
Surprising. Incidental losses are those that arise as a result of the financial hardship brought on by the breach of contract. The non-breaching party is entitled to recover legitimate business costs that were incurred before or during the breach and that the non-breaching party may not recover otherwise.
Liquidation. Liquidated damages are predetermined projections of the financial loss that would result if the contract was broken. They serve as insurance and are usually specified in the contract.
Continuity. Reliance losses are determined by calculating how much money it will take to make a non-breaching party whole or return them to their pre-breach economic status. You'd have to prove that you depended on a commitment made by the violating party, and that promise was broken.

5. Construction Lawsuits

You have rights whether you are a homeowner, condominium or townhouse owner, or the owner of a commercial or manufacturing facility with building or material defects. The following are some examples:

Shoddy construction
Materials with flaws
Warranty infringement

These include arguments and disagreements over construction issues such as the ones mentioned below:

Mold
Subsidence of the soil
Windows and doors that aren't working properly
Roof leaks and water damage
Problems with the plumbing or electricity
Water heaters, furnaces, and air conditioners that aren't working properly
Balconies, decks, and other elevated buildings that are unsafe

Aside: Construction Defects

State and local building codes, industry requirements, product manufacturer specifications, and, in California, the functionality standards expressed in Civil Code Section 895, et seq., also known as the "Right to Repair Act" or "SB 800," are all demanded of developers and contractors.

In general, the project's building components (e.g., roof, walls, siding, stucco, decks, trim, patios, walkways, landscaping, etc.) should follow applicable requirements and function in such a way that only routine maintenance is needed, and the components last long enough to fulfill their intended "useful life." This enables the group to better prepare for routine maintenance and component replacement as they hit their planned "useful life."

The 'useful life' of a component refers to how long it is supposed to last before it needs to be replaced. For example, a shingle roof with a 15-year planned "useful life" should not leak or fail (if properly maintained) from the time it is installed until at least 15 years have passed since it was installed. The components must meet or exceed their planned life cycle in order to set sufficient reserve funds (money set aside for major building component replacement). Otherwise, if a fifteen-year roof fails and needs replacement eight years after completion, the community would be underfunded because the contingency funding plan did not consider replacement to be necessary for another seven years.

When Do I Have To File A Claim (Statute Of Repose And Limitation)?

The laws of repose and limitation periods set strict deadlines for filing a construction defect lawsuit. You will be permanently disqualified from pursuing a claim if you miss the deadline. In California, the absolute deadline for asserting a claim is ten (10) years from the project's "Substantial Completion," as specified in the relevant statutory scheme.

However, there are several exceptions, such as three (3) years from the date of discovery of the defect (i.e., generally defined as when you had sufficient information that should have put you on notice of the claim). Furthermore, depending on the particular component at issue in the lawsuit, SB 800 has component-specific deadlines of 1, 2, 4, and 5 years.

As a result, it's vital to hire a Los Angeles Business Litigation Lawyer as soon as possible to ensure that the statutes are upheld and that you don't miss the deadline to file a lawsuit.

What Is The Board's Fiduciary Responsibility When It Comes To Investigating And Pursuing A Claim?

Each Director has a responsibility to act in good conscience, in the best interests of the association, and with the care and diligence that a normally cautious individual in a similar role would exercise in similar circumstances. As a result, in order to reach this requirement, a Director must conduct research into the matter before making a Board-related decision and depend on those with specific expertise and competence when necessary.

Directors have the right to rely on information, reports, or statements, including financial statements or other financial data, prepared or presented by one or more officers or employees of the association whom the Director believes to be reliable and competent in the matters presented, as well as attorneys, accountants, and other professionals in matters which the Director believes to be important.

Under the 'business judgment law,' a director who conducts his or her duties in compliance with the above quality of treatment may be able to escape liability for failing to discharge his or her responsibilities as a director.

"The common law business judgment rule has two components: one that protects [corporate] directors from personal responsibility if they follow its provisions, and another that shields management decisions taken by directors in good faith in what they feel is the organization's best interest from court intervention." If the conditions of the business decision rule are met, the court will not substitute its judgment for that of the corporation's board of directors."

One of the Board of Directors' key responsibilities is to preserve and restore the community's Common Areas. This involves carrying out routine maintenance as required or as outlined in the developer's maintenance manual. The board also has a responsibility to investigate and pursue construction defect claims to ensure that any construction defects are paid for and/or repaired by the developer or other responsible parties and that homeowners are not subjected to a large Special Assessment or increase in Regular Assessments to implement repairs that should rightfully be the project's responsibility.

To prevent the expiration of the relevant statute of limitations, the Board of Directors must conduct those inquiries (with the help of qualified practitioners and legal counsel). Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

What Is The Process For Filing A Defect Claim?

If construction defects are discovered, the first step is to begin and complete any requisite non-adversarial pre-litigation dispute resolution procedures (such as SB 800 and/or Calderon). Alternative non-adversarial dispute settlement procedures can be incorporated into the project governing documents (i.e., CC&Rs) that vary from the statutory procedures under SB 800. As a result, legal counsel may closely examine these rules to ensure that they are observed. Under the SB 800 legislative scheme, the developer (and all potentially liable parties) are notified of the allegations and given the opportunity to investigate and make repairs or provide monetary compensation (provided the developer strictly complies with the mandated procedures).

If the matter does not settle during the conflict settlement procedures, a lawsuit can be filed in Superior Court, and/or the claim may be referred to arbitration if the CC&Rs allow for such arbitration.

Surety Bonds

A surety bond is an arrangement in which a surety or guarantor agrees to uphold the guarantees and obligations of a bond principal, such as a prime contractor if the principal fails to uphold a contractual agreement made with another party known as the obligee, subject to certain conditions and defenses.

The obligee in the building industry is normally the project owner. The obligee is the prime contractor, while the bond principal is a subcontractor. Surety bonds are used in the building industry to ensure that projects are finished, and that material manufacturers, machinery lessors, and laborers are compensated.

Surety bonds are used in a number of industries and are often needed as a condition of licensure in many regulated industries. These are referred to as license bonds.

Surety bonds may be used for a variety of purposes:

Bonds based on performance
Bonds of Payment
Bonds for Subdivision
Bonds for licenses and permits
Release Bonds for Mechanics Liens and Stop Payment Notices
Bonds for Bids
Bonds for automobile dealers
Bonds of Notary
Bonds for Insurance Brokers

Mechanic's Liens and Stop Payment Notices

Mechanics liens and stop notices are also legal instruments that can be used to ensure that a public or private job is paid for. The legal processes for filing and perfecting a lien or stop notice in California, on the other hand, can be incredibly complicated.

Many contractors claim that filing a mechanics lien or a stop notice ensures their safety. When it comes time to enforce their rights, however, these contractors discover that a technical problem with the way the lien or stop notice was filed prohibits them from doing so legally.

A stop warning on a private job should be bonded to be completely successful.

Preliminary Notice of 20 Days

A preliminary notice must be given to the proper parties in the proper manner within 20 days of the first date that construction services or construction materials were provided, with certain exceptions, in order for a mechanics lien or stop notice to be enforceable.

It's all about the timing. The claimant's right to recover may be limited if a contractor, subcontractor, or material supplier fails to provide 20 days' preliminary notice in the appropriate manner or provides notice later than 20 days from the date of first operation or supply.

It is essential to consult an experienced California Business Lawyer as soon as possible to ensure proper mechanics liens and stop notices filing, notes, and perfection in California.

Contractor's Permits

Contractors are not entitled to sue for reimbursement for construction work in California unless they were duly certified at all times during the construction process, with a few exceptions.

Administrative law

If you're a California contractor, your contractor's license status is one of the most important factors impacting your company's performance. If you have a licensing problem, you can consult with a Los Angeles Business Law Attorney who specializes in construction and administrative law in order to resolve administrative proceedings brought against you by the California Contractors State License Board (CSLB.)

The following are some examples of Administrative Law issues:

Defending California contractors in Consumer Financial Protection Bureau (CFPB) complaints
Advice on reapplying for a contractor's license after it has been revoked.
Representation of cases involving allegations against contractors and requests for the contractor's license to be revoked.
Citations may be appealed. Representation at an Administrative Hearing to contest a CSLB citation.
Assist with a CSLB Letter of Admonishment, including an office meeting with the CSLB and judicial review by a writ of mandate petition.
Change orders, workmanship disputes, unfair competition and misappropriation of client lists and trade secrets, violation of contracts and collections, appeals, bid protests, and others are some of the other construction law issues.

6. Unfair Business Practices

Businesses must treat themselves in an ethical manner in the marketplace. This necessitates transparent and truthful business dealings. Unfortunately, some company owners or workers believe that the only way to succeed in business is to exploit others through unfair business practices. Unfair business practices not only trigger a breakdown in business relationships but also go against our society's general ethics.

Unfair industry practices include, but are not limited to:

Thievery
Fraud in the workplace
Contractual Breach
Corporate espionage is a form of espionage that occurs when
Failure to act in good faith and in a reasonable manner
Equal competition rules have been broken
Misappropriation of a trade secret

7. Litigation over intellectual property

If you are a plaintiff or a defendant in an intellectual property case, your commercial interests are paramount.

Litigation over patents

If your innovation is being replicated, you must take steps to ensure that lower-quality goods do not eat into your income or violate your rights. Patent infringement cases can be filed by your Los Angeles Business Litigation Attorney, and they can use their expertise to stop the infringing behavior - and recover the monetary damages.

If you need to defend yourself against claims that your goods infringe on another company's patent, your lawyer will use their expertise to invalidate the patents, prove non-infringement, mitigate any liabilities, or obtain a favorable settlement so that your business can continue.

Trademark Disputes

To keep your rivals from using your brand name and trademarks on similar goods, our prescreened Los Angeles Business Lawyers file infringement cases in Federal and State Courts. Preliminary injunctions can be obtained against trademark infringers, requiring the defendants to reach a swift settlement.

Your Business Lawyer will also protect you against trademark infringement lawsuits and work with you to obtain insurance coverage under commercial liability plans to cover a clients' legal costs and compensation payments.

Copyright Disputes

You will prohibit anyone from repurposing the copyrighted materials in significantly similar ways. If cease and desist notices are insufficient, the Business Lawyer will file copyright action in federal court.

Litigation over Trade Secrets

If a former employee has misappropriated your trade secret and is using it in a rival company, you can stop them by filing a lawsuit and asking for a preliminary injunction right away.

Your Business Lawyer will also defend you against trade secret misappropriation claims. This can be a successful strategy for resolving a case or reaching a favorable settlement so that the company can continue to operate.

Inequitable Competition

Unfair competition laws, both federal and state, can be used to prevent false advertising and unfair business practices that harm your business, such as making misleading statements or infringing on your trademarks or trade secrets. In addition to patent infringement cases, unfair competition laws are often invoked and supplemented. The Lanham Act's Section 43(a) protects consumers from unfair competition, while California's Business and Professions Code S 17200 protects consumers from any illegal, unfair, or dishonest business act or practice, as well as unfair, deceptive, untrue, or misleading advertisement. Our Business Lawyers' extensive expertise will assist you in navigating the complicated laws that relate to unfair competition and determining how to prosecute your case and seek relief.

8. Insurance for life, health, and disability

When it comes to requesting reimbursement of premiums under life insurance or disability insurance policy, it's not unusual to run into issues with insurance providers. Obstacles in the form of health insurance claims may seem to be the rule. A Business Lawyer will assist you if you think you have been the victim of insurance bad faith.

IS IT POSSIBLE THAT YOUR CLAIM WAS DENIED IN BAD FAITH?

Insurance bad faith manifests itself in unreasonable payment delays, repeated demands for clarification after you've already answered their prior questions, and seemingly unfair denial of benefits or claims. Very often, the company bets that if it makes the claims or benefits reimbursement process complex and complicated enough, you will take less than what you are owed. The insurance firm gains interest and investment gain on the money it isn't paying you because the case is pending.

Denials of claims or benefits do not always imply that the insurance provider is defrauding you. An insurer's questioning of your claim can be justified on a number of grounds. However, if the topic of the conflict continues to vary with each round of information requests, or if the insurer's specified reasons for refusing your claim become less credible as time passes, the argument for insurance bad faith becomes stronger.

9. Insurance for automobiles, homes, and businesses

When you need to make a casualty damage claim or defend against a claim made against you, your car, renters, or company insurance policy is put to the ultimate test. The best insurers will return your call promptly, conduct a comprehensive and reasonable investigation, and inform you as soon as possible whether or not your claim will be accepted. If your claim is rejected, the insurer will explain why it does not fall under the scope of its coverage. However, not everyone is covered by the best insurance.

FIGHTING INSURANCE CLAIM DENIALS BASED ON BAD FAITH

The following are examples of signs of bad faith on the part of a liability or casualty insurer:

Refusal to resolve a legal claim in an unreasonable manner
Unreasonably long time to respond to your accusation or defense request
Failure to conduct an investigation or unacceptable delays in initiating an investigation
Delays in reply to your questions about your claim's status
An argument is denied due to an inapplicable circumstance or exclusion.
Requests for details that are ignored or that the insurer already has
If you fail to consider a low bid, then the insurer threatens to cancel your casualty coverage on the grounds of fraud.

Find A Business Litigation Attorney in California

Keep in mind that lawyers can help stop fights and protect all parties in business transactions. It's important to know how the law applies to everyday business issues, and our best Business Law Attorney at 1000Attorneys.com can help with that.

Related Articles:

What Are Unfair Competition Practices in California Business Law?

Closing Shop in California: Business Dissolution Done Right

Find The Best Business Litigation Lawyer in California