What Does A Business Litigation Lawyer Do?

Litigation is defined as the process of taking legal action. From individuals to companies, the issues that lead to litigation are usually solved through mediation, formal arguments in a court hearing, or trial.

When it comes to business litigation, the issues at hand involve business entities, such as companies and their employees. Likewise, the parties involved may also be sole proprietors or even business partners.

These lawsuits require extensive evidence in the form of documentation, as well as research and witnesses. What’s more, it can take years to reach a settlement, especially when large sums of money are at stake. The good news is, that a business litigation attorney can assist when these issues arise.

From workplace discrimination to a breach of contract allegations, business litigation encompasses a wide range of different issues. Some may involve a large company with hundreds of employees. Others may be an issue between a single employee and a small family-owned business. Here are some of the most common examples of issues that lead to a need for business litigation services.

Employment

We spend much of our lives doing our jobs, so perhaps it’s no surprise that employment issues are common. Most of these issues require us to navigate both federal and state law. Examples of employment disputes include, but are not limited to:

• Issues over wages, hours, and breaks
• Workplace harassment
• Discrimination
• Wrongful termination or retaliation
• Breach of non-compete or nondisclosure agreements
• FMLA (Family and Medical Leave Act) violations

Don’t see your particular employment issue listed here? Please note, that this is not an exhaustive list. At Huber Thomas, we understand that every industry and workplace is unique. Contact us to learn more about how we may represent you in a business litigation case.

Partnership

In some cases, the issue isn’t between an employer and employee, but between business partners. Issues may arise over misappropriated funds, wrongful activity, or simple disagreements regarding how to run the company.  These claims often involve one partner breaching a fiduciary duty to another partner.

While the perfect scenario would be internal problem solving, some disagreements become full-blown feuds. This type of case requires a business litigation attorney to represent the interests of each party.

Breach of contract

Contracts are a part of everyday life, especially in the world of business. Terms of employment and transactions for services are just a few aspects of companies that are contractual in nature.

The success of your business depends on everyone fulfilling the obligations they are contracted for. Unfortunately, breaches of contract are common, and they can have a serious impact on all parties.

This is another area of business law that can vary greatly from state to state. For this reason, it’s important to have an experienced business litigation attorney in your corner. This person can properly navigate the issues at hand and build a case for companies and/or individual parties.

Intellectual property

Businesses and independent contractors depend on the right to own intellectual property. This is often the reputation an entire career is built upon. It’s also the source of continued revenue and financial stability. Examples include:

• Trade secrets – Confidential business information that gives you an edge against other companies in your industry
• Trademarks – Words, symbols, or colors that distinctly differentiate your brand from other competitors
• Copyrights – Rights to distribute your intellectual property, such as software, graphic arts, books, etc.
• Patents – Utility or design rights to an invention that prevents others from stealing your ideas

To learn more about your rights when it comes to these types of intellectual property, visit the U.S. Patent and Trademark Office and the U.S. Copyright Office.

Class actions or product liability

For businesses providing products or services, there is a lot of pressure and responsibility. Even with the best processes in place, issues may arise. When many customers, clients, or even employees have been affected, the result can be a class-action lawsuit.

Examples include:

• Injuries or illness due to a product
• Data breaches
• Employment practices

These types of lawsuits can be devastating for a business as they drain finances and consume a lot of time. A business litigation attorney can help you protect and defend your business by building a strong case. If settlements are necessary, you will have someone to advise you and help negotiate a fair sum.

Lawsuits take time and money. Unfortunately, it’s common for legal battles to drag on for years. This is both costly and exhausting. Don’t let this complicated process distract from your career and disrupt your personal life.

A business litigation lawyer will handle the delicate process of navigating a lawsuit. From filing papers with the court system to communicating with the other party, your attorney will bear the burden for you.

In most cases, you can expect your attorney to:

• Research the facts, circumstances, and documentation
• Determine what type of experts or witnesses will be necessary
• Identify case law and any prior lawsuits that have set a precedent
• Communicate with the other party and/or their legal counsel
• Schedule and coordinate court dates in addition to preparing briefs for submission

When you have legal representation, you can focus on keeping your business or career on track. A business litigation lawyer is one of the best investments you can make when you’re facing a lawsuit. This advice stands for both plaintiffs and defendants.

What is the difference between business litigation and corporate law?

The legal industry is incredibly diverse. In addition to various areas of practice, lawyers also separate when it comes to litigation and corporate law. What is the difference? In theory, one spends more time in the courtroom than the other.

Business litigation attorneys spend the vast majority of time tied up in legal battles. Whether they’re in the courtroom or in mediation, they’re actively dealing with lawsuits. If you are planning to sue, or you’re being sued, you want a litigator in your corner. These attorneys have the experience necessary to help companies and individuals win cases.

On the other hand, corporate law is a term that encompasses advising and preparing a business. They will draft contracts, provide advice on business structuring, and help business owners understand their legal obligations. This is an important practice that usually calls for an ongoing relationship between a business owner and a legal team or adviser.

Business litigation is no easy feat, regardless of how big or small the issues are. When you’re facing this type of lawsuit, you need a team of experts you can trust.

At Huber Thomas Law, we have extensive knowledge and experience on our side. In addition to working tirelessly for our clients, we make it our mission to clearly explain the legal process. Business litigation often involves confusing jargon and lengthy contracts. Our attorneys will take the time to clearly explain everything you need to know.

What Sets Us Apart

When you partner with Huber Thomas Law, you benefit from a collaborative approach that yields victorious results. Our entire team of highly-experienced business litigation attorneys will work together, bringing individual unique knowledge to the table. This diversity allows us to see a case from several different angles.

In reality, most cases settle outside of court. Lawsuits are expensive and time-consuming, even for the largest corporations. This is why mediation and negotiating are the first choice for most individuals and companies. That said, we still prepare for every case as if it is going before a jury or judge. This means thorough research and expert witnesses help us build your case, resulting in better chances of securing the compensation you deserve.

Our Case Victories

We take great pride in our case victories because they demonstrate tireless efforts that produce serious results. We’ve helped our clients secure millions of dollars in a range of different business litigation cases, including:

• Over $50 million in assets for a business owner who was defrauded by business partners and employees
• A $7 million jury award for a business owner who was unjustly written out of a business deal by his partners
• $3 million for a client who suffered extensive damages from a failed joint business venture
• $42 million for victims harmed by home health companies and physicians committing Medicare fraud

To learn more about how we can assist in your case, we encourage you to read about our previous success stories.

It’s normal to feel anxious when legal troubles are on the horizon. At Huber Thomas, our goal is to take that burden on for you. With our team of business litigation attorneys, you won’t have to worry about the outcome of your case. Are you living outside of Louisiana? Members of our team are licensed to practice in Mississippi, Texas, and Washington D.C. If you’d like to discuss the details of your case, please contact us for a free and confidential consultation. This is the best way to determine the next steps that will help you reach a conclusion.