Business owners can all agree that there are many moving parts to creating and sustaining a successful business. Whether mitigating internal conflicts or addressing external disagreements with other similar companies or vendors, protecting your business is a full-time job. To help with this, you may find that an experienced business litigation lawyer is what you are looking for. If you are new to owning a business, you may be wondering, “What does a business litigation lawyer do in California?”
There are a variety of situations that business owners could find themselves in that require a knowledgeable business litigation attorney.
A Business Litigation Lawyer
A lawyer who handles business litigation is one that focuses on business law and representing business-oriented clients. For many large corporations, these lawyers are hired by the business to work exclusively for them and are referred to as “in house”. Smaller organizations may hire an attorney who works for an outside legal firm as they do not require the services of a full-time attorney.
Depending on the needs of a business, these lawyers could be utilized to defend a company if they are named as the defendant in a legal matter, they could file a claim on behalf of the company for a variety of reasons, or they could work to mitigate the possibility of legal action by helping to maintain contracts and business negotiations. Anytime a business matter is presented in court, it falls under litigation and should have a lawyer involved.
A good business lawyer will have knowledge of both state and federal laws that may impact the company’s operations and work with the business owner to ensure that those statutes and laws are not violated in any way or that other companies are not infringing on business operations.
For some companies, the cost of a business litigation lawyer may not seem worth the expense until it is too late.
Types of Cases Handled by Business Litigation Lawyers
Business litigation lawyers handle a variety of cases that could impact a business. Whether it is helping a company form its business or facing legal challenges, business litigation lawyers can help. Some of the more common types of cases business lawyers handle include:
- Contract breaches
- Infringements on intellectual property such as copyrights, trademarks, patents, and even trade secrets
- Disputes with shareholders or breaches of fiduciary duty
- Employment law, including wrongful termination, discrimination in the workplace, wage disputes, and other employment legal matters
- Defending against class action lawsuits
- Product liability claims
- Issues involving zoning or real estate issues
These are just a few of the legal matters that business lawyers handle. A business attorney may not have the desired experience in all of these areas, but they will have the resources to refer you to someone who does.
Is Litigation the Only Option?
When legal matters arise for businesses, the fear is that litigation is the only source of resolution. Thankfully, with the help of a business litigation lawyer, there are other options available. These alternative dispute resolution options include:
- This form of resolution allows all parties involved to work with a third party in seeking resolution outside of court. This can cost significantly less and also help reach a resolution more quickly. It also avoids the courtroom and can make the details of the case more private. This is often a beneficial process because both parties have input in the resolution which makes the final agreement more acceptable to all involved. The arbiter makes the final decision.
- Similar to arbitration, a third party will intervene and help the parties involved reach a mutual agreement. The mediator is there to help the parties resolve the matter by keeping the discussion focused on a resolution and ensuring all parties are heard.
Both of these alternative dispute resolution options can avoid costly and time-consuming courtrooms. However, both should still be used in conjunction with the help of a business litigation lawyer who can guide you through the process while keeping the interest of your business in mind.
FAQs
Q: How Do I Prepare for Business Litigation?
A: Preparing for business litigation can involve several steps but should always begin with your attorney. Keeping them informed will help ensure they are ready for the legal matter as well. With their help, ensure you document everything, keep communications to a minimum, avoid admitting any fault or culpability, and check legal coverages in your business insurance. Your attorney will help guide you through further preparations you may need to make.
Q: Is Business Litigation the Same as Business Law?
A: Business litigation and business law are similar in nature but are part of separate areas of business operations. Business litigation refers to the processes involved with forming or operating a business. Business law refers to the operational processes of running a business, such as mergers and acquisitions, regulations, the rights of shareholders, and business real estate.
Q: What Is the First Step of a Business Lawsuit?
A: The first step in a business lawsuit is filing the complaint and having it served to the defendant. Depending on which side of the case you are on will determine what your next steps are. Generally, after the complaint is served, each party will begin conducting their own investigation and fact finding in order to begin preparing for the case.
Q: Why Is Litigation Important in Business?
A: Litigation is important in business because it seeks to protect and defend the hard work and financial investment a business owner has put into creating a successful company. It helps to protect the rights of the employees who work for that corporation and seeks to resolve legal issues quickly so that the business can continue its normal operations.
California Business Litigation Lawyer
No matter what stage of building your business you are at, it is never too late to add the help of an experienced and knowledgeable business litigation lawyer who can help answer your legal questions along your company’s journey. At Thaler Law, our team works with you to keep your company moving in the right direction. Contact us today to find out how we can help.