Practice/Industry Group Overview
Burr & Forman’s success in representing corporate clients in commercial disputes is based on our extensive experience and commitment to establishing strong, personal, and long-term relationships with our clients.
Our attorneys strive for a complete understanding our clients’ businesses and goals which better enables us to assist them with their litigation prevention strategies.
When unavoidable litigation does occur, our attorneys have extensive trial and arbitration experience along with a track record of achieving results for our clients. We have successfully tried commercial cases in the Southeast and across the country involving breach of contract, commercial fraud and misrepresentation, bad faith, breach of fiduciary duty, antitrust, franchise, securities, intellectual property, construction, and other issues. In many cases, injunctive relief is vital to protecting a client’s interest on short notice. Our commercial litigators have vast experience with temporary restraining orders (TROs) and preliminary injunction hearings.
Efficiency and results are our primary objectives. Representing both national and international companies, we work closely with our clients to insure that we are providing cost-effective services that address the company’s overall goals. Whether we are counseling on litigation avoidance or standing before a jury at trial, our team of commercial litigators is well equipped to handle the situation.
Not all business disputes arise under contracts.
Business disputes can engender a whole host of tort claims, ranging from tortious interference with business relations claims to defamation claims. Unfortunately, not everyone in the marketplace plays fairly and by the rules. What may, at first glance, appear to be a dispute over a contract may turn into a claim for fraud in the inducement, exposing the defendant to damage claims well in excess of what could be claimed under the contract alone. Burr attorneys have the experience to help you, whether you need to sue another business for the torts it committed against you or if you are faced with business tort claims.
When a business deal goes "bad," the first thing the parties may do is look at their contract — what was promised, and were these promises kept?
There are, of course, two sides to every story, so whether you think the other side is not fulfilling its contract or whether you think that your company is being wrongly accused of breaching a contract, Burr may be able to help you. Burr attorneys have litigated all types of contract disputes and are well-versed in UCC provisions governing commercial contracts for the sale of goods.
Articles Authored by Lawyers at this office:
Be Careful What You Ask for: Selecting Forums for Arbitration
Devin C. Dolive, October 21, 2014
On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance regarding contractual arbitration provisions may have implications...
In re Brown: Replacement Value Applies Even When Debtor Surrenders Property
Ellen C. Rains, August 04, 2014
The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an...
The World Cup of Non-Competes
Peter C. Vilmos, July 31, 2014
Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana and Germany had to choose allegiance to only one nation rather than play...
Texas District Court Addresses Prior Express Consent
Zachary D. Miller, July 26, 2014
In Cherkaoui v. Santander Consumer USA, Inc., No. 4:13-cv-00467 (S.D. Tex. May 23, 2014), the U.S. District Court for the Southern District of Texas examined how a creditor may obtain “prior express consent” from a borrower and the level of evidence necessary for a borrower to survive...
Alabama Limited Liability Company Law of 2014
, June 18, 2014
In March of this year, Alabama adopted a new limited liability company law under the name of the Alabama Limited Liability Company Law of 2014 (Act No. 2014-144). The new act will apply to LLCs formed after January 1, 2015. For LLCs formed before January 1, 2015, the law will be applicable to them...
Best Practices for Laser-Assisted Cataract Surgery
Howard E. Bogard,Kirk A. Mack, April 08, 2014
The addition of a femtosecond (FS) laserexcites ophthalmic surgeons like few other new technologies. Excitement aside, some consideration must also be given to the associated implementation and compliance issues. In particular, when it comes to charging for the FS laser, there are several things to...