Orange County Business Litigation Attorney
Running a business in Orange County, CA can be a very rewarding endeavor that can not only provide long-term financial stability but a legacy that can last for generations. Unfortunately, there are many challenges that can arise in running that business. These could find you or your company involved in litigation that could cost you significant time and money. From poorly written contracts to workplace disagreements to harassment claims, businesses face a litany of delicate matters that could push them unavoidably into a legal battle. Because of the multiple aspects involved with running a business, having a skilled and experienced attorney who can help ensure that your company is protected could save you time, money, and your company’s reputation.
At Thaler Law, our business litigation attorneys have that experience. For over a decade, our attorneys have worked with individuals and businesses to protect their rights and ensure that they can have a legal advocate on their side. Our team counsels our clients on their legal options based on the circumstances of their cases. Additionally, we help our clients avoid litigation by helping draft and oversee contracts, employment agreements, and more. When litigation arises, we work with our clients to find the right solution, including alternative resolution options.
Business litigation is commonly known as commercial litigation and is applied when a person or corporate entity is accused of bad business practices. The litigation aspect is when that matter is then taken into a court of law or proceeds through alternative dispute resolution options. While business and commercial law are terms used interchangeably, they are actually different areas of legal practice. Business law speaks to the day-to-day operations that must abide by state and federal guidelines, while commercial law applies to the 1958 Uniform Commercial Code that has been adopted in all 50 states, Washington DC, and the Virgin Islands. This code provides uniform guidelines for sales and commercial businesses within these territories. Commercial law is designed to protect the consumer. However, consumer law and business law overlap in that they both regulate business contracts, employment agreements, and cases of intellectual property.
Types of Litigation We Handle in Orange County, CA
The team at Thaler Law is practiced in several areas of both business and commercial law, which means our team can help you with any number of business matters. We work with our clients to avoid litigation in the first place, but should it arise, we work aggressively to ensure that our clients’ rights are protected and that their legal needs are met. Examples of the services we provide include:
- Contract disputes. We help our clients ensure that their written or oral contractual agreements are enforceable in court.
- Purchases and sales. Businesses conduct many types of purchases and sales beyond the products or services that they provide to consumers. These could be real estate transactions or acquisitions. Such transactions need legal protection to avoid disputes or litigation later.
- Breaches of contract. While contracts may be legally binding, there may be breaches in these agreements by another party. When the obligations of the contract fail, legal action may arise.
- Employment discrimination. Businesses are legally obligated to ensure that employees are protected from all forms of discrimination based on their protected characteristics, including race, religion, ethnicity, gender, gender identity, and more.
- Businesses need protection from both public wrongs, such as criminal acts against the company, as well as torts. Torts are slanderous or malicious acts that seek to damage the reputation or property of a business.
- Employment law. In addition to providing employees with a discrimination-free place to work, businesses are responsible for upholding all state and federal employment guidelines. The majority of these guidelines are overseen by the Fair Employment and Housing Act. Employee agreements should be in line with the law.
- Non-compete agreements. These types of agreements can be tricky to enforce, but they seek to prevent employees from transitioning from your business to another like it and providing that business with proprietary information. Often, these agreements are for a specific amount of time.
- Disputes in partnership. While many businesses start with partnerships that have the greatest of intentions, they don’t always continue that way. Like a marriage, partnerships can dissolve and become bitter, with both parties fighting for the rights of the business, its finances, and ownership.
- Intellectual property. Business owners have a variety of ways in which intellectual property is used. This includes not only the creative aspects of running the company but also trademarks, slogans, and copyrights as well. These ideas should be protected from infringement.
- These processes seek to eliminate the possibility that a business could become a monopoly in its market.
While these represent some of the types of cases our team can help with, we can provide legal assistance for any business matter. We seek to protect our clients and their businesses from unnecessary litigation.
Many companies do not operate every day with the thought of how to avoid litigation. When the right practices and policies are in place, it becomes a part of everyday business. This starts with the decision-making processes and the foundational movements for any developments within your company. By working with an attorney, you can ensure that your everyday practices have the legal oversight to avoid litigation in the future. While the cost of an attorney may seem more than you are ready for, the cost of litigation resulting from bad business practices could cost you more time and money. The right attorneys, like those at Thaler Law, are trained and experienced in the types of disputes most common in business. Often, business litigation centers on the following:
- Vendor contracts and understanding the duties of each person involved
- Thoroughly reading and approving contracts with your attorney to ensure that all the details are as they should be
- Correctly choosing the appropriate entity for your business
- Ensuring that your intellectual property is registered and unique to avoid infringement
These common practices, along with legal oversight for employment agreements and other business policies, can help you avoid most of the instances of legal litigation that your business could encounter.
Types of Damages in Orange County Business Litigation
The types of damages that could be awarded in business litigation claims are dependent on the type of claim that is submitted. However, businesses could face any of the following:
- Compensatory damages. The defendant in the case could end up paying the plaintiff for any loss that they may have suffered. If they can prove the loss, the award could be in the amount that would restore the plaintiff to the financial situation that existed before the offense.
- Reliance damages. These are awarded when financial recovery may be difficult to determine. It is used when there was an obligation by the defendant, and they failed to act in accordance with that obligation.
- Restitution damages. These are often used when there is a breach of contract. These types of damages are based on what a defendant may have earned while in breach of the contract and are then paid to the plaintiff.
- Liquidated damages. These could be awarded if a contract has specifics about what each party is expected to pay if there is a breach of contract. Courts could award a different amount based on the circumstances of the case.
- Punitive damages. These could be awarded if there was a deliberate action to hurt the plaintiff.
Orange County Business Attorney FAQs
Q: How Much Does a Business Lawyer Cost in California?
A: The circumstances of your business needs, and the experience of the attorney you hire, will determine the cost you will pay for a business lawyer. However, for most business attorneys, you will pay between $150 and $575 per hour. When hiring an attorney, discuss their costs and fees upfront. Remember, however, that the cost of having a business attorney on your side can be less than the cost of litigation.
Q: What Is Business Law?
A: Business law is commonly thought of as the state and federal regulations that oversee the day-to-day business practices of a commercial entity. This includes employment agreements, contracts, partnership agreements, and more. Commercial law often overlaps with business law and relates to guidelines set to protect consumers when they deal with businesses.
Q: What Is the Primary Reason for Business Litigation?
A: While a business could face litigation for any number of issues, the most common types of business litigation include breach of contract, employment disputes, and intellectual property disputes. However, when a business is proactive by hiring an attorney who can help oversee these matters, it can often avoid the legal litigation that comes from bad business practices.
Q: How Do You Resolve a Business Dispute?
A: Avoiding a courtroom-based litigation process is the goal of any business that finds itself engaged in a legal matter. Often, alternative resolutions can be reached with the parties involved. Types of alternative actions include negotiations, arbitration, and mediation. These avenues can produce a solution to the matter without the extended time and costs required by the courtroom.
ORANGE COUNTY BUSINESS LITIGATION ATTORNEY
Operating a business in Orange County is a huge undertaking. Whether you are setting up your business for the first time or you have an established business and need legal oversight, you can count on the business attorneys at Thaler Law. Our team has over a decade of experience working with businesses to help them avoid costly litigation for bad business practices. From contract oversight to employment agreements, we seek to help our clients take preventative steps to avoid any legal challenges. However, should they find themselves in a legal dispute, our team fights aggressively to protect the rights and reputation of themselves and their business. Contact our offices today for skilled and experienced legal representation that can work to protect your company.