• Business Disputes that Require a Business Attorney
  • April 15, 2016 | Author: James H. Gulseth
  • Law Firm: JGPC Business & Corporate Law - Pleasanton Office
  • Even though Americans pride themselves on their rugged individualism and independence, there are some things that simply should not be attempted by amateurs or those without the proper knowledge and experience. For example, working on your car’s transmission when you have difficulty replacing the headlights can ruin your car and end up costing you thousands of dollars in repair bills. In the same way, it can be disastrous for your business if you attempt to resolve every dispute or issue yourself without the advice and assistance of a business dispute lawyer.

    Consult a Business Dispute Lawyer for Help Resolving Legal Issues

    Ultimately, only you can determine if you need legal assistance and representation for your business during a commercial dispute. For new business owners – or for experienced owners facing unique situations – it can be difficult to know when you are in a situation beyond your ability to effectively resolve. Some disputes that will almost always require legal assistance from a business dispute lawyer include:

    • Intellectual property disputes: The law surrounding intellectual property rights (copyrights, trademarks, and the like) is extremely complex, and proving your case in court can require a great deal of specialized knowledge. Unless a business owner has a background in engineering and is familiar with the elements of an intellectual property infringement claim, this is one type of dispute best left to an attorney.
    • Material breaches of contracts: Some breaches of contracts result in little to no damages to your business. These can usually be resolved informally between the breaching and non-breaching party. When a breach has caused a severe disruption to your business’s operations (i.e., a missed shipment of raw material that causes your production line to shut down) or threatens valuable assets, you need to take swift action to control the damage and seek redress. A business dispute lawyer can help you do this.
    • Employment disputes: If you have one or more employees who are claiming discrimination or violations of federal or state employment laws, the sanctions that state and federal agencies can impose against you can effectively close your business. What is more, in employment discrimination suits the burden is often on the employer to prove that no discrimination occurred or that some exception (such as undue hardship) applies.
    • Shareholder actions: Shareholders of a corporation hold a great deal of power over the directors of a corporation and can bring a legal action against the directors themselves in certain cases. Because these cases typically involve resolution of longstanding but often misunderstood legal concepts such as the business judgment rule and the corporate “veil,” it is best to have a business dispute attorney to help you.

    This article was originally published on JGPC.com.