Any legal dispute puts your company’s security and financial wellbeing in peril and may require you to hire a commercial litigation attorney. Experienced counsel can help maintain your business’s bottom line and mitigate the time and cost of a lawsuit.
Consider engaging legal counsel before entering into any contract. Though there is an upfront cost, not hiring an attorney may end up costing you more in the long run.
Look for commercial litigation attorneys experienced in your specific needs. Beyond costs, consider the amount of time it will take for you and your team to accomplish the results you seek. Experienced counsel can help maintain your business’s bottom line and mitigate the time and cost of lawsuits.
Common Issues for Commercial Litigation Attorneys in Dallas
Business partnerships may be altered or terminated because the goals of the partnership have been achieved, but they can also end because of a dispute between the partners. The best way to avoid risk in partnerships is to execute a clear, concise partnership agreement before doing business. The agreement should include:
- details regarding the activities of the business
- responsibilities and defined obligations of the partners
- allocation of profits and losses for each partner
- management of the partnership
- dissolution of the partnership
The legally binding partnership agreement governs the agreed-upon terms and conditions for conducting business.
Breach of Contract
Given the ubiquity of business contracts, breach of contract cases is among the most common in commercial litigation. Although it is impossible to control the other party’s behavior, it certainly is possible to mitigate your risk.
Just as it sounds, a breach of the contract indicates a potential violation of the contractual obligation. Enlisting a commercial litigation attorney to create an iron-clad contract at the onset will ensure you the best legal standing, thus avoiding loss. Should a breach occur, enlist legal counsel highly experienced in managing such cases in court or arbitration. Breach of contract cases is among the most common issues commercial litigation attorneys encounter.
Common examples of cases:
- failing to deliver goods or services as promised
- interfering with another party’s ability to meet obligations
- defaulting on paying another party within a certain time frame
Tortious interference occurs when a third party intentionally damages the contractual or business relationship between two other parties. To prove tortious interference of a contract in Texas, you, as a plaintiff, must demonstrate:
- the existence of a valid contract
- that the third-party willfully and intentionally interfered with the contract
- that the interference caused you injury
- that you incurred actual damage or loss as a result
Examples of tortious interference could include suppliers being pressured or manipulated into breaking an existing contract or defamatory claims against a competitor that end an existing or prospective business relationship — basically, any third-party interference in the business relationships or contracts, resulting in harm. Intentionality is the key in tortious interference cases.
Legal counsel will assess the validity and legal strength of your claim. As tortious interference cases are governed by each state’s contract and tort laws, it is imperative to seek a local commercial litigation attorney experienced in your state’s laws.
Unlike tortious interference, commercial disparagement cases involve defaming a business’ character, products, or services. Often referred to as trade libel or slander of goods, disparagement occurs when there is written or verbal (public) slander against a business. This includes false and injurious content online.
For a disparagement claim to be valid, four primary aspects must be proven:
- The information disseminated was false.
- The individual or group intended the information to be harmful/detrimental.
- The business did indeed suffer loss or injury.
- The individual or group acted with malice – that is, with the knowledge that the information spread was false and would cause harm.
Free speech laws do not cover the spreading of false information. An experienced commercial litigation attorney will legally discern what does and does not constitute business disparagement in your situation.
Corporate fraud covers a wide range of criminal activities. As a general definition, corporate fraud refers to illegal, deceptive, or unethical actions committed by a business or its individuals acting in their role as employees. Some common aspects of corporate fraud include:
- False reporting on invoices; over or undervaluation
- Trade-based money laundering
- Credit card fraud (which has increased exponentially since the pandemic)
- Securities and commodities fraud
- Asset misappropriation
- Identity theft
- Investment scams
- Bankruptcy related fraud
If a concern arises of corporate mishandling or determining if a situation constitutes fraud, consult a local commercial litigation attorney.
Hire/Have an Attorney on File
Your business will benefit from legal counsel in this rapidly advancing business climate. Researching a commercial litigation attorney in your area prior to an issue gives you the opportunity to select legal counsel without the pressure of impending litigation. Keep these additional factors in mind when selecting:
- Locality – counsel well-versed in your state’s specific laws
- Specialty – counsel has proven, specific expertise to your needs
- Rapport – counsel engenders confidence and trust
- Communication – counsel, has an internal system focusing on communication
If you have concerns regarding any of the above issues or to mitigate against future loss and risk, stop now to interview commercial litigation attorneys in your area. Experienced counsel is a wise investment and a commitment to your business’s ongoing success.