Experienced Business Litigation Attorneys
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Assisting California Businesses Resolve Disputes
Almost all businesses face legal disputes at some point, and many of these disputes have the potential to result in litigation. Litigation can be a drain on time, money, and energy, and can take your focus off of the successful operation of your business. Fortunately, an experienced Los Angeles and San Francisco business litigation attorney can offer creative solutions for dispute resolution aimed to avoid lengthy battles in court. If you are facing any type of business dispute, do not hesitate to contact the Law Offices of Nate Kelly to discuss your case today.
Common Types of Business Disputes
Employee Litigation—Many state and federal laws set out both required and prohibited behavior for business owners toward employees. Labor laws regulate issues such as minimum wage, hours worked, meal and rest breaks, working conditions, and more. Additionally, employment laws prohibit certain types of discrimination, harassment, retaliation, and wrongful termination. If an employee believes that an employer has engaged in wrongful behavior, they may bring a legal claim to recover damages. Additionally, employees may bring a case if they believe an employer had breached a clause of an employment contract.
Issues may also arrive if an employee improperly uses business assets, such as customer lists or other proprietary information. Please see our page on Intellectual Property to learn more.
Breach of Contract and Fraud—Almost every business transaction involves some type of contract. However, simply because a party enters a contract does not necessarily mean they will uphold their end of the deal. No matter how carefully a contract was drafted, negotiated, or reviewed, there is still potential for a transaction to go awry. Businesses may recover losses they suffered due to breach of contract through bringing a legal claim. If the party you have entered into the contract never intended to perform in the first place, this is considered fraud, and damages above and beyond the “contract value” are recoverable. Each contract case is unique and may involve numerous legal issues, so you always want an experienced business litigation lawyer to assist you.
Business Defamation and Inference with a Business Relationship—Competitors will sometimes use improper means to gain an advantage, such as making false statements about your business to customers. Business defamation occurs when a person publishes false and defamatory information to a third party and the business suffers legal injury as a result. For example, a business may have legal recourse if a competitor writes false and negative information on a website or other public forum. This is particularly common on the numerous business review websites, such as Angie’s List or Yelp. The elements of defamation of a business can be difficult to prove in court, especially since Internet authors are often anonymous. However, an experienced attorney can help you pursue compensation for any special damages you suffered.
Contact an Experienced Business Litigation Attorney for Assistance
If your business faces any type of dispute, an attorney can help you explore alternative dispute resolution options such as negotiation, mediation, arbitration, and more to help you avoid litigation. If you are unable to settle your dispute out of court, however, business lawyer Nate Kelly will provide zealous representation at trial so you receive the best possible outcome. If you are facing possible business litigation, call the Law Offices of Nate Kelly in Los Angeles at (310) 228-6215 or in San Francisco at (415) 336-3001 for help today.
There are many categories of lawsuits, and categories within those categories. To learn about what sort of lawsuit fits your complaint, take a look at the definitions below.
Civil lawsuits are those that involve property damage, personal injury, fraud, contract disputes, trespass, defamation, vehicular accidents, and so on—basically, anything that cannot be classified as these actions can arise as a result of alleged violations of statutes, the vehicular code, governmental regulations, or housing codes, to name a few examples.
Types of Civil Actions:
An unlimited civil action is one that seeks a minimum of $25,000 in compensatory damages or injunctive (court-ordered) relief. May be heard as a jury trial. Jury fees must be paid in advance by the Plaintiff (person bringing the suit) if a jury trial is demanded in Los Angeles County. Otherwise, the case will be heard by a judge exclusively.
A Limited Civil action is one that seeks more than $10,000 but less than $25,000 in compensatory damages or injunctive (court-ordered) relief. Jury fees must be paid in advance by the Plaintiff (person bringing the suit) if a jury trial is demanded in Los Angeles County. Otherwise, the case will be heard by a judge exclusively.
Small Claims lawsuits are those that seek less than $10,000 in damages. Small Claims litigants cannot be represented by an attorney in court, although an attorney’s advice can certainly be solicited prior to and during the prosecution of a claim. The advantage of filing an action in Small Claims Court is that it involves a shorter waiting time before your case is presented, and fewer established procedures have to be followed in court. In other words, it’s streamlined in order to give the Plaintiff his day in court, where he can be heard by a judge and hopefully be awarded relief in as little time with as few headaches as possible.
And when going to court doesn't seem like the thing to do, consider:
ALTERNATIVE DISPUTE RESOLUTION
An increasingly popular way of resolving disputes without going to trial is to submit them to Alternative Dispute Resolution. Courts actually favor ADR, as it keeps the system from becoming clogged with lawsuits, Many business and employment contracts now include a provision for resolving any dispute in this time- and cost-saving fashion.
The Law Offices of Nate Kelly are experts at resolving issues across the table from the opposition without the necessity of tying up the courts. If yours is a relatively simple issue that’s proven to be intractable, the best way to go may be ADR with counsel who’s knowledgeable and practiced in the art of negotiation.
To read about ADR, click on the links to the California Courts website below:
"You Don’t Have to Sue: Here are some other ways to Resolve a Civil Dispute” Brochure published by the Judicial Council and the California Bar, September 2002