Business disputes can have a devastating impact on a business. That’s why all businesses should have dispute settlement plans in place. It’s a good idea to engage civil litigation attorneys in California when settling disputes. They favor alternative dispute resolution methods to avoid costly litigation.
What You Need to Know About a Civil Defense Lawyer for Businesses
Business law is vast and complicated and impossible to navigate without civil litigation specialists. Business law attorneys in California provide a wide variety of services, from representation in business disputes to securing a satisfactory settlement.
For example, a civil litigator can outline the steps to follow should a dispute arise between employers and employees, including internal resolution processes, mediation, and only then a civil trial.
It’s important to get a business lawyer involved as early as possible to ensure you comply with all the state and federal statutes. A check-in every few years ensures your business is still on track and helps to develop a relationship that comes in handy in a legal dispute.
What is the Role of a Civil Defense Lawyer in Business Dispute Resolution?
Civil litigation lawyers research the facts of the case, choose witnesses, support your case with legal precedent, manage communication between opposing parties, and prepare and submit briefs.
In the event of a dispute, a civil defense attorney advises you about the strength of your case and lays out the options available.
The first option is always a negotiation. If negotiation fails, the next step is mediation. A neutral third party works with opposing sides to reach a mutually satisfactory binding resolution.
The third option is arbitration. A neutral third party agreed upon by the plaintiff and defendant acts as the arbitrator. The parties agree to accept the arbitrator’s decision. Your civil litigation lawyer presents your case to the arbitrator and ensures that the final decision is properly drafted.
Finally, there is the litigation process, which is when the plaintiff files a complaint in civil court.
Types of Business Disputes
Some types of businesses are more prone to disputes than others. For example, landlords have contractual disputes with tenants who fail to maintain the property. There are seven types of disputes.
They occur when one party disagrees with or acts contrary to the conditions of the agreement. A fairly common example is a dispute that arises when the exact meaning of technical terms isn’t properly explained or understood.
Another common example is when a party fails to fulfill their duties, like when the quality of the goods provided is too poor to be used as described.
Shareholder agreements include conflict resolution processes. This almost always includes a business appraisal or valuation because most disputes have a financial element that can only be settled once the true value of shares is determined.
Some of the most common causes of shareholder disputes include the payment of dividends, conflicts of interest, and financial management.
Consumer Protection Disputes
These are similar to contractual disputes in that one party fails to fulfill their obligations, but in this instance, there are no formal contracts and consumers are the ones to suffer.
One of the most common causes is not honoring warranties. For example, a consumer buys a washing machine but the washing comes out stained. The manufacturer sends a technician who determines that the consumer used detergent that wasn’t recommended. As a result, the warranty is voided.
Employment Disagreements and Discrimination Suits
The most common types of discrimination include race and gender discrimination, and sexual harassment. It also includes disability and age discrimination and workplace retaliation.
Workplace retaliation can target an employee who complained about workplace safety. Suddenly they’re working late without overtime pay. Their work conditions become so unpleasant that they often resign.
Intellectual Property Infringement Cases
Intellectual property (IP) includes intangible assets, like a company’s logo or the recipe for an award-winning sauce. IP infringement violates IP rights by reproducing, duplicating, or exploiting another’s work and using it as your own.
For example, copying a logo almost exactly and using it to market similar products or services.
Real Estate Disputes
There are three primary types of real estate disputes.
1. Breach of contract
Real estate transactions are formalized in a contract. Any variation can lead to a breach of contract; for example, the sale is contingent upon the seller fixing a hole in the fence but when the buyers move in the hole is still there.
2. Breach of duty
Agents are bound by a duty of care to their clients. A breach of this duty harms clients; for example, favoring one offer over another.
Failure to disclose property defects
Estate agents conceal a defect to secure a sale and healthy commission. For example, failing to mention that the toilet is always blocked because the underground pipes aren’t properly lined up.
3. Unfair Competition Claims
The unfair competition consists of two categories: intentionally confusing consumers about a product’s source, and unfair trade practices that provide an unfair advantage over competitors. For example, advertising fair trade products when they really come from sweatshops in India.
Choose the Right Civil Defense Lawyer for Your Business Partner Dispute in California
The types of business disputes are vast, but the one thing they all have in common is the need for civil litigation attorneys in California to resolve them as quickly as possible. Our team at LibertyBell Law Group has experienced business litigation lawyers whose primary aim is to keep you out of civil court.
Our civil defense lawyers are skilled at negotiation, mediation, and arbitration so your business disputes never have to leave the boardroom. We have a 24-hour helpline to answer your questions. To book a free consultation, call us at 866-320-4854 at LibertyBell Law Group today!