Other Business Disputes
Whether your business operates here in New York, or across borders, in established or emerging markets, friction is bound to come with the territory. A talented legal team can help you avoid many legal disputes by proactively assessing risks and anticipating issues before they arise.
But not all conflicts can be avoided, whether they’re conflicts with another business, a lawsuit filed by shareholders, or an action by a government agency. You may run into legal disputes over real estate, the terms of your lease, or a construction contract. You may have to defend or assert your rights in a defamation or intellectual property case. You may face privacy or data breaches, environmental lawsuits, or insurance coverage disputes.
Whatever the case, an experienced commercial litigation lawyer can provide creative solutions tailored to your unique situation. That may involve going to trial. But it may also involve alternative resolutions through arbitration or mediation.
At Warren Law, corporate and commercial law is our focus. Our attorneys provide the support you need to get through commercial disputes with your best interests in mind. We handle procedures like discovery and investigation with cost-efficiency in mind. We know how high the stakes can get in commercial litigation cases, which is why we use every tool at our disposal to fight for you – whether that’s through negotiation or going to court.
Partnership Disputes and Dissolution
Partnership disputes are never easy, especially when they rise to the level of legal intervention. You may even find yourself in the difficult position of suing your business partner for damages if they’ve breached any of their fiduciary duties . Business is business, but it can still feel personal, especially if you and your partner have been in business for a while.
Partnership disputes or buyouts can be resolved through mediation, third-party arbitration, or court actions. Each approach has pros and cons to consider. Sometimes, partners can sit down and meet in the middle for negotiations. Other times, partners are unable to resolve their dispute on their own – that’s when a judge or jury decides for them.
Situations that require legal intervention can develop swiftly or escalate over time. If you suspect that a business partner is engaging in misconduct or if their actions are causing issues for the partnership, you should immediately begin documenting your concerns. You should also hire an attorney to help you understand your legal options and determine your best course of action.
Dissolving a partnership can be a challenging process to go through, especially if the dissolution is unplanned. A partnership may be dissolved as a result of an agreement of all the partners, a partner’s misconduct, a judicial decision, or a dispute resolution.
In some cases, dissolution can be avoided if the partners come to a new agreement on how to proceed with the partnership. But more often than not, partnerships get broken up and wound down because of disputes between partners that cannot be resolved.
After a partnership is dissolved, its financial liabilities must be paid and the remaining assets distributed to the partners in accordance with whatever governing agreement is in place. Usually, that’s your partnership agreement and/or state law.
Fortunately, you don’t have to go through this process alone – and you shouldn’t. Our team will pair you with an experienced lawyer to help you get through partnership disputes with the delicacy and nuance you need while aggressively protecting your interests.
Business and Partnership Fraud
Business fraud can cut as deep as a personal betrayal. Finding out that a business partner or corporate manager has been engaging in fraud can be devastating for you and your company.
Fraud can cause serious issues resulting in the dissolution of a business or a regulatory action. Cases of fraud often involve intentional or negligent misrepresentations of facts by one partner to another who relies and acts upon that information – usually to their detriment.
Examples of business and partnership fraud include:
- Inducing someone to enter a contract on false pretenses
- Misappropriating funds or property
- Manipulating an entity’s accounting records
Some violations could even result in criminal liability for the partner who committed the fraud.
An experienced business attorney can cut through the complexity and ambiguity in fraud cases to the reality underneath. A seasoned lawyer can help you establish that you were an innocent partner who had no knowledge of or involvement in the fraud.
When you talk with our attorneys at Warren Law, we’ll review your case, determine the most important facts, collect all the necessary documentation and evidence to prove your points, and resolve any ambiguities that remain. Presenting your case before a judge, mediator, or arbitrator in this way increases your chances of an advantageous result.
Breaches of Fiduciary Duty
Once a business partnership is formed, each partner owes certain fiduciary duties to the other partners and to the business itself. Regardless of whether you form a corporation, LLC, LLP, or another type of legal entity, any partnership agreement between individuals or businesses implies the fiduciary duties of loyalty, obedience, care, and disclosure.
If one partner intentionally or negligently breaches any of their duties, the other business partners must act – either through mediation, arbitration, or litigation.Usually, a breach of fiduciary duty happens when a business partner puts their own interests above the best interests of the company, often with harmful results to the company. A good legal team can help protect your business against these types of breaches.
Commercial and Corporate Litigation
Every business comes with legal issues, some of which may snowball into legal disputes that will require the assistance of an experienced attorney.
Commercial and corporate disputes often come with high costs and high stakes. In a worst-case scenario, millions of dollars or the future of a business could be on the line. A court case that drags on for months or years could stall your operations with disastrous results.
Whether you’re facing trial or trying to avoid it, you need a strong commercial litigation attorney to resolve these issues with your best interests in mind.
A commercial dispute, if handled poorly, can do a lot of damage – not just to your company’s assets or net worth but also to your business reputation. That’s why it’s critical to work with a commercial litigation team that you trust. A team that understands your goals, prioritizes your best interests and creates strategies and solutions custom-tailored for you.
Not all commercial disputes have to go to court. A dedicated legal team can help you use a combination of all the tools at your disposal – mediation, negotiation, arbitration, or jury or bench trial – to choose the best option for your situation.
Some of the most common commercial litigation disputes involve:
- Partnership dissolutions and disputes
- Corporation, LLC, and shareholder disputes
- Internal or external accounting and auditing actions
- Business and partnership fraud
- Contract issues and breaches of contract
- Breaches of fiduciary duty
- Domestic and international arbitrations
- Other business disputes
As your attorney, Warren Law Group represents you in state, federal, and appellate courts, at negotiation tables and alternative dispute resolution venues. We fight hard for you so that you can focus your hard work where it belongs – on your business. Contact us or call us now for your free consultation.
Corporation, LLC, and Shareholder Disputes
Corporate law and shareholder disputes get into complex areas of law and regulatory oversight. Privately held corporations, publicly traded companies, and LLCs all come with unique challenges. Even the most successful business operations come with disputes.
Corporate and shareholder disputes can take time to resolve, which is why you need a legal team that can support you for the long haul. You may run into issues with:
- Disagreements over corporate management and operations
- The governance and direction of the company
- The amount of compensation paid to principals
- Minority versus majority shareholder rights
- Corporate buyouts and mergers
- Breaches of contract or fiduciary duty
- Fraud and other torts
When you work with the corporate lawyers at Warren Law, we help you enact a unified strategy with your entire company’s operations in mind. This not only helps you save money, but it also helps decrease the chance of costly, drawn-out legal disputes.To get the most favorable outcome in any corporate dispute, you need legal counsel that understands your business and supports your business goals.
Internal Accounting and Auditing Actions
Each business partner has the right to be fully informed of their partners’ activities related to the partnership, regardless of their percentage of ownership. This also gives partners the absolute right to review the financial records of a business partnership at any time.
A partner may request a review of the partnership’s books if they suspect unfair payouts, hidden profits or losses, theft of opportunity, or for any other reason related to the partnership.If a partner requests an accounting update but is denied, they can sue. In fact, the denial itself is a breach of fiduciary duty and could indicate further misconduct by other partners.
Contract Issues and Breaches of Contract
The lawyers at Warren Law are fierce advocates for our clients, especially in business-to-business disputes caused by breaches of contract. A breach of contract happens when one party fails to perform according to the terms of the contract.
To win a judgment for damages in a breach of contract case, you must prove that:
- You had a legally binding contract in place,
- You performed your part of the contract,
- The other party failed to perform their part of the contract, and
- You suffered harm as a result of their failure.
For example, you may have suffered a financial loss because a counterpart, vendor, or contractor failed to perform or execute their services as promised.
Contracts take many forms and cover all types of subjects – purchasing products; providing services; determining how a business will be formed, owned, and operated; and resolving how transactions such as loans or joint ventures will unfold over given periods of time. These agreements detail the legal boundaries to which all parties must adhere.
Additionally, a contract covers more than what’s expressly included in the terms or text. There are some rights implied in all contracts under New York law.Breach of commercial contract cases can become quite complex. These matters often require an experienced attorney to evaluate the facts and employ the best legal strategy that maximizes your chances of success. At Warren Law Group, our lawyers create a strategy tailored to your company’s needs – whether that involves litigation or alternative dispute resolution. We fight hard so that you get the full value that you’re entitled to from your contracts.
Domestic and International Arbitrations
Many contracts have arbitration clauses that require disputes to be settled out of court in arbitration proceedings. Even without arbitration terms in place, choosing arbitration (or mediation) instead of litigation to resolve a dispute can save both parties time and money.
When you choose to resolve a dispute through arbitration, you will submit your dispute to an arbitration tribunal instead of a court. The arbiters will then resolve the dispute according to the terms and governing law set out in the contract – sometimes, these terms are modified to reflect the needs of each party. The parties agree to accept the decision as final and binding.
Disputes get even more complicated when international borders get involved. In international business, you have access to fewer courts that can reliably enforce judgments. You may disagree over which country’s law applies. Not to mention, there are language, cultural, and geographical challenges to overcome. When it comes to settling business disputes on foreign soil, your company could face an uphill battle with the potential for runaway costs.
International arbitration helps by giving business partners a reliable forum for settling business disputes. Not only do you know exactly where you stand with each other, but you also know what terms and procedures to expect during the arbitration process.
Arbitration and mediation involve a delicate balance of protecting your business interests in a dispute and meeting the other party in the middle. It’s absolutely critical to get the help of a legal team who can handle this process with the strong but nuanced approach it requires.
Why Choose Us?
The federal and state litigation and trial attorneys of Warren Law Group are highly experienced and are very acquainted with the rigors and stress that come along with being involved in a business disputes, such as a partnership dispute, accounting actions, breaches of fiduciary duty, derivative shareholder claim, or securities litigation of private placements. All of these types of matters require sophistication in both business law, securities law, and the state laws that govern corporations, limited liability companies, and partnerships.
Our attorneys have decades of experience and can develop a strategic plan to efficiently manage your litigation in a cost-effective manner with a sharp eye on the bottom line. Litigation can be a long and arduous process, but the attorneys at Warren Law Group have the specialized ability to litigate these matters, and provide you with the best possible chances of success.
Commercial Litigation FAQs
Civil litigation is the formal process of taking a dispute between two (or more) parties to a court or arbitral body. Commercial litigation involves the same process but between businesses. The judge in court or the panel in arbitration will typically decide the issue in dispute between the parties. A lawsuit typically begins with the plaintiff filing a summons and complaint. A discovery process follows, including depositions, e-discovery, and motion practice. The dispute usually ends in settlement before having a trial on the merits before the court or arbitration panel.
Litigators represent plaintiffs and defendants in civil and criminal cases. They manage all phases of the litigation including the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.
MEET OUR COMMERCIAL AND CORPORATE LITIGATION ATTORNEYS
Click on the photos below to see the WLG team members who can assist in resolving your matter.