Business Disputes Lawyer in California
Businesses are involved in any number of things that can lead to any number of disputes within a business and between businesses. You can proactively work to minimize and avoid many common disputes, but thorough planning is not always enough to evade conflicts altogether. When a business dispute in California is not adequately addressed, it can seriously impact a business's stability, reputation, and bottom line. You want to address the harm done to your business so you can prevent further damages and recover monetary losses or other relief. You also want to defend against claims that could result in monetary judgments against the business and other costly penalties.
Dispute resolution is immediately necessary so businesses on either side can avoid additional harm. At Bowen & Kennedy, P.C., our business law lawyer serves Los Angeles and San Bernardino and will be integral to asserting your rights and protecting your interests and assets. Contact us today at 866-372-0569 to schedule a Free 30-minute consultation and learn more about effectively preventing business disputes and adequately addressing any that may arise.
Business Litigation in California
Business or commercial litigation is any legal proceeding arising from a dispute between organizations or other parties over commercial transactions in California. The term also typically encompasses negotiation and dispute resolution processes before a matter goes to court.
Disputes at the center of business litigation can be internal to the organization (e.g., a conflict with an employee or between partners) or external parties (e.g., a dispute with a vendor or client).
Business litigation often involves complex issues and can be time-consuming and expensive. Business litigation attorneys are retained to advise on issues that arise while operating a business and representing parties if a dispute arises.
Common Types of Business Disputes in California
Business disputes can involve anything from breach of contract to disputes arising from mergers or infringement of trade secrets. Below are some of the more common types of conflicts that most businesses encounter at some point.
Breach of Contract
A breach of contract is a business dispute that arises when a contracting party fails to do something under a contract or breaches the terms of the contract. Contracts are a common feature of any business operation, and breaches of contract are also common. They can involve consulting contracts, contracts for goods and services, and partnership agreements.
Partnerships
Partnership disputes often arise when partners disagree on what's best for the business or how to proceed regarding a specific issue, like splitting profits. They can also involve a breach of fiduciary duty, where one party acts against the interests of the other in breach of a partnership agreement.
Intellectual Property
Intellectual property law protects creators' rights in their original work. Business disputes can arise over who owns the intellectual property in a particular job or alleged copyright, patent, or trademark infringements.
Employment Law
Employment law disputes involve both internal conflicts, such as harassment, discrimination, and wage disputes, and conflicts with former employees, such as unfair dismissal or breaches of non-compete agreements.
How Are Business Disputes in California Prevented?
There are several ways to help minimize the risk of becoming involved in a business dispute.
How Are Business Disputes in California Resolved?
Before going to court, the parties may attempt to resolve an issue via alternative dispute resolution (e.g., negotiation, mediation, or arbitration). This can save the parties significant amounts of time and money.
Negotiation
During a negotiation, the parties discuss the matter to resolve it amicably. While negotiation is a more informal process, business dispute lawyers are often involved because they have skills that allow them to navigate it effectively.
Negotiation is the most cost-effective way to resolve a dispute. Negotiation avoids more formal processes that require the involvement of external parties.
Mediation
In a mediation, the parties discuss the matter with an independent mediator to try and find a mutually agreeable solution. The process results in a mediation agreement, which the parties must follow.
Arbitration
During arbitration, an arbitrator (or panel of arbitrators) hears each party's case and decides the matter.
The contract often determines if arbitration is available to the parties in their specific situation. If an arbitration clause exists, the parties may be barred from going to court.
Litigation
As a last resort, if parties are unable to resolve their dispute otherwise, they may proceed to formal litigation in court. This involves one party filing a civil complaint against the other, and the matter is eventually heard before a judge and jury, who then give their verdict.
Litigation can be lengthy and cost the parties significant time and money. The parties are typically represented by their respective business dispute attorneys.
Contact a Business Dispute Lawyer in Los Angeles & San Bernardino Today
Litigation is one of many methods of resolving a business dispute, and besides, as mentioned above, it is the most time-consuming and costly method. Many parties to a business dispute can negotiate and compromise via a settlement process. Sometimes, it may go to arbitration. At Bowen & Kennedy, P.C., our business litigation attorney represents clients who want intelligent, resourceful solutions to business disputes. Contact us today by filling out the online form or calling us at 866-372-0569 to schedule a Free 30-minute consultation.
CONTACT INFORMATION
Phone: 866-372-0569 - Toll Free
213-297-7292 - Local
Email: contact@bowenkennedylaw.com
Address: 473 E Carnegie Dr, San Bernardino, CA 92408, USA
Other: 515 South Flower St., 18th Floor, Suite 1966, Los Angeles, CA 90071
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