Defending Businesses That Have Been Accused of Wrongdoing
Defending or settling legal issues between companies and other parties is what business litigation entails. A business litigation lawyer is a legal expert who can handle both little and major legal issues, such as lawsuits, that a company may face as part of its operations.
When a conflict emerges in various parts of a company's day-to-day operations, business litigation lawyers can advise and/or represent the company. Our skilled team is ready to assist businesses in achieving the best possible results both in and out of court.
Companies will frequently hire law firms to assist with legal matters rather than employing in-house counsel, as most are not involved in legal matters frequently enough to justify the salary of an in-house, full-time business litigation attorney. Lawyers who specialize in business disputes can offer a wide range of services to their clients. The following are a few of the most common:
Managing disagreements that develop as a result of contract discussions or interpretations
In breach of contract matters
Managing interrelated business operations and strategic business partnerships
Consultation, representation, and litigation in the field of employment law
Managing conflicts resulting from the interests of firm shareholders
Many business conflicts may be settled quickly and without going to court, saving money and reducing emotional stress. The types of matters handled by business litigation lawyers in the courts are frequently complex. A qualified business litigator will have the patience and knowledge to quietly resolve these circumstances and work through what may be difficult and sensitive situations.
ADR stands for "Alternative Dispute Resolution"
If the parties to a disagreement are unable to come to an agreement, we can propose an alternate dispute resolution mechanism. Many contracts require you to try mediation or arbitration first, rather than or in addition to going to court. The following are some of the most popular types of business lawsuit alternative dispute resolution:
Mediation — Mediation entails all parties sitting down with a neutral third-party mediator to discuss their differences. The mediator will listen to all sides' opinions and arguments before assessing the situation. He or she will next work to help the parties reach an amicable agreement. If the parties can reach an agreement, they must adhere to the conditions of the mediated settlement agreement. Having legal assistance throughout the mediation process is critical. A company lawyer will inform you of your rights, as well as guarantee that any agreements reached are in your best interests and are legally binding and enforceable.
Arbitration - Arbitration clauses are common in contracts, in which the parties waive their rights to sue and instead rely on arbitration to resolve any disputes. The contesting parties appear in front of an arbitrator or a panel of three arbitrators during an arbitration. Each party makes their case in court, and the arbitrators decide how to resolve the conflict. It is their choice that is final. While arbitration is similar to going to court, it is usually a faster process than litigation. During a business arbitration, you should always have an attorney representing you.
+ Attorneys in Plainville and Bristol Representing Parties in Lawsuits
Business relationships, like any other relationship, can face challenges and lead to disputes. Unlike many other dealings, however, disagreements arising out of a business contract can cause significant financial harm and can impact a person’s career and a company’s financial health. As such, it is critical for anyone contending with a dispute related to a commercial transaction to speak to a lawyer as soon as possible. At Jainchill & Beckert, LLC, our dedicated Plainville and Bristol business litigation attorneys are adept at navigating the complexities of lawsuits that arise out of commercial dealings, and if you hire us, we will work tirelessly to help you seek to protect your interests. Collectively, our attorneys have over five decades of experience helping parties handling business litigation, and if we represent you, we will advocate aggressively on your behalf.
+ Scenarios that Commonly Lead to Business Litigation
Generally, business relationships are based on a contract to perform services or provide goods. Unfortunately, parties do not always comply with their contractual obligations. When people fail to perform as they should pursuant to the terms of an agreement, it often causes harm to the other party to the agreement. For example, if a business fails to deliver a product, or a customer fails to make payments within the specified time frame, it can cause financial losses. It is wise to consult attorneys for your business litigation needs. In other cases, the provisions of a contract may be vague, which can result in a disagreement over their true meanings and the duties they impose on each party.
In many instances, one party in a business relationship will rely on the knowledge or expertise of another individual or entity to offer advice and guidance. For example, an individual or company may make decisions based on information provided by a financial advisor or insurance agent. Thus, if the advice offered is misleading, it can result in economic harm, which in many instances, may lead to a claim for damages.
+ Claims Frequently Asserted in Business Litigation
As many disagreements between businesses or between a company and a customer requiring Plainville and Bristol business litigation lawyers arise out of a contractual agreement, business litigation seeking a resolution of such disputes will set forth a breach of contract claim. Under Connecticut law, a plaintiff alleging breach of contract must first prove that an agreement existed between the parties, which requires the plaintiff to prove there was an offer to form an agreement by one party and an acceptance by the other party, as well as an understanding between the two parties as to the obligations and rights created by the agreement. The plaintiff must then demonstrate that it performed its duties, but that the defendant breached the contract by failing to comply with one or more of its essential terms. Lastly, the plaintiff must prove that it suffered damages as a result of the defendant’s breach. A plaintiff that proves each element of a breach of contract claim may be awarded compensatory damages. In cases in which the breach was particularly egregious, a business litigation lawyer in Plainville or Bristol may be able to help you recover punitive damages as well.
Another claim commonly asserted in business lawsuits is a breach of fiduciary duty. Generally, a fiduciary is an agent, corporate director or officer, trustee, attorney, or another person that owes a duty to someone else to act with good faith, fair dealing, and loyalty. If a fiduciary acts in a manner that is deceitful or misleading, it can lead to a breach of fiduciary duty claim. Typically, such a claim arises when the fiduciary engages in self-dealing, neglects to fully disclose critical facts to the person relying on the information provided by the fiduciary, or fails to act with reasonable care. A person pursuing a breach of fiduciary duty claim must establish actual harm caused by the breach in order to recover damages.
+ Meet with an Assertive Business Litigation Lawyer in Connecticut
Many business transactions involve some degree of risk, and if a party does not abide by the terms of an agreement, it can have costly consequences. If you are involved in a dispute over a commercial matter, the assertive business litigation attorneys at the Plainville and Bristol firm of Jainchill & Beckert, LLC, can advise you of your rights and formulate compelling arguments in your favor to help you seek a just outcome. We have an office in Plainville, and we regularly represent people in business-related lawsuits in Bristol and Plainville and in other cities throughout Connecticut, such as Southington, Farmington, Hartford, and New Britain. We can be reached at (860) 845-6879 or via our online form to schedule a conference.