What Is Business Litigation?
Disagreements and conflicts arise in nearly every aspect of daily life, but when they arise within places of employment, unexpected repercussions can threaten the value, function, and efficiency of businesses, and the businesses in Beverly Hills, CA are no exception. Business litigation is an area of the law that covers these types of conflicts and disagreements, as well as other issues that commonly develop between companies and other parties (e.g. employees, distributors, manufacturers). There are numerous examples of such conflicts and issues, such as breaches of contracts, product liability claims, corporate disputes, tort and class action claims, non-disclosure violations, allegations of employee discrimination or harassment, fraud in business transactions, real estate disputes, and false advertising.
What Does a Business Litigation Attorney Do?
For over three decades, Attorney Robert G. Klein of Klein Trial Lawyers based in Beverly Hills, CA has been perfecting the art of business litigation, which means resolving business disputes and protecting businesses that are facing allegations and attacks. It is a business litigation attorney’s job to address a variety of business disputes arising from any number of entities. Below are just a few examples of the issues a business litigation attorney in Beverly Hills, CA encounters in business litigation lawsuits:
- Breach of contract: There are many types of contract breaches, all of which involve a failure on behalf of one individual or party to abide by the terms and commitments of a valid contract. It is a business litigation attorney’s job to identify which specific type of breach has occurred, and determine whether—in accordance with the terms of the contract relating to the breach—a lawsuit can be filed or arbitration will be required
- Real estate disputes: Property owners, lenders, investors, developers, and landlords are just some of the clients a business litigation attorney may represent in a real estate dispute. These types of disputes are numerous, and could involve non-disclosure of important business information, inaccurate business information in contracts, lease breaches, problems with purchase or sale agreements, negotiation of terms in bad faith, inaccurate property tax assessments, and insurance disputes. In Beverly Hills, CA real estate law, issues involving land use are also common and can include disputes over boundary lines, issues arising from California Proposition 65, issues arising from the California Environmental Quality Act, and toxicity of soil or groundwater.
- Shareholder derivative action lawsuits: When a situation arises in which a corporation has valid grounds for suing a third party but does not pursue a lawsuit, a shareholder in the corporation can bring a lawsuit on behalf of the company in what’s referred to as a shareholder action lawsuit. In such cases, a business litigation attorney can assist a shareholder in filing in accordance with the procedure and law in the Beverly Hills, CA jurisdiction and ensure that the shareholder has met the requirements for filing the derivative action lawsuit. One such requirement involves showing evidence that the shareholder made the effort to bring the issue to the attention of the administration of the corporation prior to seeking their own lawsuit as a shareholder. In almost every successful shareholder derivative action lawsuit, the settlement funds are not kept by the shareholder who brought the suit but by the company that suffered wrongdoing by the third party.
- False Advertising: Offering more than the competitors is something to be earned in the world of business, but unfortunately, many companies advertise falsely in order to gain an advantage over their contenders. This, however, is not only unfair but illegal according to the law in Beverly Hills,CA. When this happens, a business litigation attorney will take the necessary steps to put an end to the spread of false advertising by other companies, and walk the plaintiff through the steps of filing a claim. In order to bring a valid claim based on false advertising, four components must exist: evidence of a false or misleading statement, evidence that the false or misleading statement has been used in advertisements, evidence that the advertisement itself functions to deceive the consumer of that advertisement, and evidence that the false advertisement will put the plaintiff at a competitive disadvantage or otherwise harm or detract from the success of their business. An experienced business litigation attorney will be able to assist any business owner or director in BeverlyHills, CA through the process of determining whether these components exist and how likely they are to have success in pursuing a claim.
- Product Liability: Product liability claims can have devastating impacts on a company’s reputation and financial success, but not all product liability claims pursued by consumers are valid. The business litigation attorneys at Klein Trial Lawyers in Beverly Hills, CA can represent manufacturers, distributors, and suppliers who face liability claims for a range of products, including faulty or dangerous raw materials.
How Long Does Litigation in Beverly Hills, CA Take, and How Can a Business Litigation Attorney Help?
The length of a business litigation case will depend on a number of factors, such as the nature of the claim, the required amount of preparation and discovery—which are processes that can take anywhere from months to years—the strength of the case, the number of experts set to testify for each side, and the schedule of the courts in the jurisdiction where the case it taking place. In many cases, however, strong business litigation attorneys are actually able to avoid litigation by obtaining favorable settlements for their clients through negotiations or arbitration. In fact, litigation in court is often seen as a last resort when a favorable outcome cannot otherwise be achieved.
As soon as a company attains representation by the business litigation attorneys at Klein Trial Lawyers in Beverly Hills, CA, they will begin assessing the circumstances of the case, analyzing the strengths and weaknesses of the case, collecting evidence, strategizing the best method of attack, and refining the strongest arguments that have the highest likelihood of resulting in the best outcome.