The Burton Law Firm, P.C. has over 20 years of experience in this area
of the law. If you have questions about this subject please call us
at 713-222-6262; or email Randy Burton at randy@burton-lawfirm.com
or David Torok at david@burton-lawfirm.com.
Business Litigation
- What is business litigation?
Business litigation involves business people representing a variety
of industries on local, state and federal levels in matters pertaining
to such diverse areas as: administrative law, antitrust matters,
business torts, class action lawsuits, collections, contracts, corporate
governance, employment, international law, health care, intellectual
property rights, lease disputes, professional malpractice, securities,
regulatory issues, white collar crime, bankruptcy, fraud, real estate,
and shareholder matters.
- What are the fastest growing areas of business litigation?
The most expanding area of business litigation has been in the business
tort and complex business litigation areas. Such lawsuits involve:
antitrust litigation, including non-compete claims by employers
corporate litigation and shareholder derivative claims; intellectual
property, trade secrets, false advertising, and unfair competition
claims; class action litigation involving products liability and
consumer claims; qui tem and “whistle blower” claims; tortious interference
claims; wrongful discharge; and Title VII discrimination claims.
- What are some common business torts?
Common business torts include: commercial defamation; patent or
trademark infringement; interference with contractual or economic
relations; breach of fiduciary duty; fraud and misrepresentation;
unfair and deceptive trade practices and other conduct or claims
that affect the success of a business.
- What are some common class action matters?
Securities fraud, commercial and tax issues, and minority shareholder
rights.
- What sort of contract matters are involved in business
litigation?
Some common contract disputes involve: service contract with a primary
vendor; output contract with a key supplier; sales contract with
an important customer, or any other kind of written or oral agreement.
- What are some common professional malpractice matters?
Those involving: accountants, architects, engineers, doctors and
lawyers all face the risk of malpractice claims that can jeopardize
business, reputation and finances.
- What are some common issues related to securities and
antitrust claims?
Common claims can involve investments, arising both under federal
law and/or state law.
- What are some common shareholder and corporate governance
issues?
Those related to shareholder inspection rights; duties of directors
and officers; conflicts of interest; derivative actions; business
judgment rule defense; change of control provisions; dissent and
appraisal proceedings; involuntary and judicial dissolution; and
minority shareholder rights and claims, and valuation of closely
held corporations.
- What is involved when litigating a business issue?
This depends on the issue. The business owner would follow the same
process for business litigation as they would for any civil case,
including obtaining an attorney, pre-trial matters such as motions,
trial and possibly appeal.
- Why should I worry about business litigation?
If you run a business, chances are you either already are confronted
with business litigation or will be in the near future. Almost all
business people confront litigation or the threat of litigation
in the course of their business.
- What can I do to reduce my risk?
Be proactive and anticipate that problems may arise. The Burton
Law Firm, P.C. can assist you in drafting or reviewing contracts.
- What are some alternatives to litigation?
Businesses often use alternative dispute resolution (ADR). The ADR
process usually encompasses arbitration or mediation. These alternatives
are attractive because they are often less expensive and more efficient
than traditional litigation. The Burton Law Firm, P.C. can help
your company with the whole range of business issues, from negotiations
to litigation to ADR to the post-judgment collection of funds owed
to your company.
- Can businesses avoid consumer class actions?
Businesses often use arbitration clauses in consumer sales agreements
in order to limit the types of dispute resolution available should
difficulties arise. Such a clause requires that the parties to the
agreement resolve any disputes through arbitration. Since a class
action lawsuit involves direct judicial oversight, arbitration clauses
thwart the development of a consumer class. Instead, each individual
consumer must pursue his or her own arbitration procedure against
the contracting business.
- What is a breach of contract?
A failure to perform as specified in a contract, or provisions of
a contract, without legal excuse.
- What damages can I recover in the event of a breach of
contract?
The following damages can be recovered in the event of breach of
contract: compensatory damages, consequential and incidental damages,
attorney’s fees and costs, liquidated damages, specific performance,
reformation, and rescission.
- What are compensatory damages?
Money to reimburse you for costs to compensate for your loss.
- What are consequential and incidental damages?
Money for losses caused by the breach that were foreseeable.
- Can I always get attorney fees and costs?
No; only recoverable if expressly provided for in the contract.
- What are liquidated damages?
Damages specified in the contract that would be payable if there
is fraud.
- What is specific performance?
A court order requiring performance exactly as specified in the
contract.
- What is meant by punitive damages?
This is money given to punish a person who acted in an offensive
manner in an effort to deter the person and others from repeated
occurrences of the wrongdoing.
- What is rescission?
The contract is canceled and both sides are excused from further
performance and any money advanced is returned.
- What is reformation?
The terms of the contract are changed to reflect what the parties
actually intended.
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