Wednesday, January 23, 2019

Common Types of Business Lawsuits and How a Lawyer Can Help


In a business setting, there are many common lawsuits that may occur, and the business owner must understand these matters so that he or she can hire a lawyer to effectively fight or fight for the litigation. By applying an effective defense against the lawsuit or a proven tactic in the litigation, the business owner stands a much higher chance of success.

Intellectual Property
There are numerous disputes about intellectual property that include all manner of litigation about patents, trade secrets, copyrights, trademarks and how to properly proceed through these lawsuits with the help of a lawyer. Generally, legal assistance is necessary to start the lawsuit with the need to investigate the matter to gather and collect evidence against the party in breach or violation of IP infringement laws. This may help the owner recover monetarily or to stop the other person or company from infringing on the rights of the IP owner. The person in possession of the IP will need to decide how best to conclude the matter.

The Lawyer Outside the Courts
When attempting to resolve business matters without the need to progress through the courts, the business owner may hire a lawyer to end the problem before it needs to proceed to a full-scale lawsuit. This may start with a cease and desist letter and progress to complete and full communication. Then, if the other party still refuses to comply, the lawyer may petition the courts for other motions.

At the point it leads to litigation, the business owner may attempt to settle the matter with strong evidence before using the courts to acquire a decision.
Breach of Contract
When an employer has clients and employees, there are several types of contracts that may exist. These can extend to employment, service contractual obligations, payment plans, purchases and distribution of products among many other interactions with the company. Any breach of contract can result in a lawsuit for the business owner which requires either monetary compensation or a remedy to the situation. The owner of the business usually must decide which path he or she wants to take when initiating the lawsuit for a broken contract with another party. The business lawyer will explain the process and which options are available.
Disputes with Employees
The business owner may use various contracts or processes within the company that can lead to a dispute with employees. Some lawsuits arise because of broken contract such as a non-disclosure or non-compete agreement. Others are from violations with employee agreements to ensure the work performed is complete and valid.

Different lawsuits may arise against the company for discrimination, wrongful termination, harassment and when the contracts are unreasonable for future employment opportunities. A lawyer working for the business is crucial to supporting the employer in overcoming the problem and seeking a reasonable remedy to the litigation that occurs.
Partnership Disputes
There are different ways that partnerships can encounter disputes. These may occur through documentation, when wanting to change processes or when attempting to introduce something new into the company. However, other legal issues can progress to a lawsuit such as shareholder disputes. If shareholders feel the company is not running properly, it can result at the beginning of a lawsuit against the partners. These matters can halt all progress or business interactions, or the lawsuit can kick the partners into action to help avoid these messy arguments.
Product Liability
There are other issues that may arise when there are injuries to customers or clients. Many of these are either due to product liability or personal injury claims. These can affect the entire business or a specific employee or person. Insurance carriers or specific processes often provide a way through these lawsuits. When there is a product created that causes an injury, it can end with the partners or owners engaging the victim through a settlement negotiation. However, some personal injury claims or product liability cases will result in litigation with the plaintiff.
The Lawyer’s Help in Business Lawsuits
The lawyer working for the business may need to perform many different actions based on the type of litigation. He or she will usually initiate negotiations for settlement matters, contact insurance companies and communicate with the other party’s legal team. If necessary, the business lawyer will process paperwork and help to engage in meaningful communication between all parties with a grievance. This could lead to avoiding a lawsuit or ending one before it progresses to the courtroom.

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