Los Angeles Business Litigation Lawyer
Business litigation involves non-criminal disputes arising in connection with business and commercial transactions. No business owner wants to litigate, however, the more successful a business becomes, the more it becomes a target. This is why it’s important to work with a Los Angeles business litigation lawyer.
Any business owner who has been through litigation will tell you that the process is stressful, time consuming and expensive. This is true regardless of whether the company is the one being sued or is the one suing someone else. Actual or threatened litigation can also threaten your businesses reputation, credit score, business relationships, staff morale and may even cause you to lose your business entirely.
There is no way to avoid all the negative effects of litigation; however, hiring the right business litigation attorney can help mitigate these effects. When business litigation becomes necessary, do not hesitate. You should consult an experienced Los Angeles business lawyer immediately to ensure that you don’t miss any critical deadlines or other time sensitive requirements.
Common Types of Business Litigation
Some common types of business litigation disputes include:
- Breach of contract – Business contracts and other commercial agreements are the foundation of a functioning business. However, it is highly likely that at some point in time your business, or a person or business that you work with, will fail to perform its obligations under contract. This is true even when businesses have well written attorney drafted contracts.
Our business litigation attorneys represent plaintiffs and defendants involved in breach of contract litigation. Whether is a dispute over contract interpretation or a bad faith breach, the business litigation attorneys at Thorsen Legal can assist. We will help you recover monetary damages, seek injunctive relief or other compensation to your business for any other unjust harm or loss it suffers due to a contract breach.
- Intellectual property disputes – Oftentimes a company’s intellectual property is one of its most valuable business assets. Intellectual property, or IP, includes trademarks, patents, copyrights, trade dress and trade secrets. Our intellectual property dispute lawyers represent both plaintiffs and defendants in IP litigation in both federal and state courts in California.
- Breach of fiduciary duty – A breach of fiduciary duty occurs when a person who has a duty to act in the best interests of another party (such as a corporate board member, director or officer) and that party acts contrary to that duty. A breach of fiduciary duty is considered a business tort and is remedied by bringing a cause of action for a civil lawsuit in state or federal courts. California law recognizes fiduciary duties.
Our business attorneys can also help you take proactive measures to reduce your company’s risk of breach of fiduciary duty claims. This includes consulting on corporate governance, non-compete and non-disclosure agreements, and reviewing and drafting internal corporate agreements (partnership agreements, etc.)
- Non-compete issues – A non-compete agreement is a contract in which an employee agrees not to compete with their employer in a certain geographical area for a designated period of time. Non-compete litigation is litigation brought to either enforce or avoid non-compete obligations. Non-compete laws vary widely by state. Although non-compete provisions are often included in employment agreements, they might not always be enforceable. In some cases, they may not be enforceable to the full extent originally intended.
Non-compete agreements can include a wide variety of contractual obligations. These include the duty to not solicit business contacts, use client lists, encouraging other employees to leave or disparage the business to other people and businesses in the community. Often times non-compete agreements are tied to confidentiality agreements as well. Relief for violation of a non-compete includes temporary restraining orders, preliminary injunctions and monetary damages.
- Partnership disputes – A conflict among business owners could impact normal business operations and be severely detrimental to a business’ success. Our business attorneys can help avoid disagreements from arising in the first place by drafting clearly defined partnership agreements and company bylaws. However, if a dispute is inevitable, our partnership dispute litigation lawyers can assist with necessary partnership litigation.
- Unfair trade practices – The Federal Trade Commission Act delineates certain business practices which federal law considers to be deceptive and therefore illegal. Most states also have enacted unfair trade laws. It is possible for individuals, other businesses and governmental entities to bring a cause of action against your business for unfair trade practices. Proving unfair trade practices is usually easier than showing business fraud or deception. Examples of unfair trade practices include tortious interference with contract, deceptive sales practices, wrongful debt collections, monopolization and price-fixing.
- Business fraud – Business fraud litigation typically occurs when someone has made false statements with the intent to induce another to act. Fraud litigation can focus on business fraud, employee fraud, contract fraud, fraud in the purchase or sale of goods and services, or numerous other scenarios. Business torts that involve fraud litigation include misrepresentation, omission, non-disclosure, fraudulent concealment, fraudulent inducement, fraud by business partner and tortious interference with business relationships.
Our business litigation lawyers represent plaintiffs and defendants involved in fraud litigation. We handle fraud litigation in California state and federal courts.
Settling Business Litigation
Most lawsuits actually settle outside of court. Before considering if you want to settle a business dispute you should take into consideration (i) your financial condition, (ii) the opposing party’s financial condition, (iii) the amount of damages you can reasonably expect to recover, (iv) attorneys’ fees that will be incurred in taking the case to court, (v) insurance coverage, and (vi) other negative effects of business litigation such as time and stress.
A Los Angeles Business Litigation Attorney Can Help
If you need a Los Angeles business litigation lawyer to settle your business dispute, the business litigation attorneys at Thorsen Legal can help. Let our experienced legal team guide you through negotiations, settlement agreements, alternative dispute resolution proceedings or formal litigation in court.
Our business litigation attorneys are also skilled at alternative dispute resolution proceedings such as arbitration and mediation. Such alternative dispute resolution procedures may even be required by the contract in dispute.
Los Angeles Business Lawyer
- Corporate Formation
- Partnership Agreements
- Capital Raises & Financing
- Business Purchase and Sale
- Trade Secrets
- Business Dissolution
- Partnership disputes
- Unfair business practices
- Breach of contract
Los Angeles Practice Areas
- Real Estate
- Mergers & Acquisitions
- Estate Planning
- Entertainment Law