Whether prosecuting or defending a lawsuit, SLG’s business litigation attorneys represent their clients and guide them through the litigation process while being cost-effective. On the plaintiff’s side, our attorneys have cumulatively collected millions of dollars for our clients. As defense attorneys, SLG’s litigation team has vigorously defended clients and has protected them from overreaching plaintiffs. The SLG team is experienced in all aspects of the litigation process, from pre-lawsuit negotiations, discovery, law and motion practice, mediation, settlement, trial, and arbitration.
Individuals and businesses often find themselves embroiled in a legal dispute for a variety of different reasons, sometimes through no fault of their own. Whether you are bringing a legal action or have had an action filed against your company, it is essential to seek representation from a skilled business attorney who has specific experience handling that type of case. The following are some limited examples of the many types of business litigation cases that SLG’s experienced attorneys have handled.
Breach of Contract – If you are in business, it is safe to say that you have entered into some type of contract with another party, whether it be with clients, other businesses, suppliers, landlords, tenants, etc. Even though both parties sign the contract and purportedly agree to expectations and obligations, contracts are often breached. Breach of a contract usually causes financial losses and additional harm to companies, such as loss of a client’s trust or damage to reputation. If one party breaches a contract and a solution cannot be found, a legal claim may need to be filed to obtain the relief needed to rectify the situation. Such relief can potentially involve ordering the party to perform their duties under the contract and/or financial relief. Alternatively, if you are accused of breaching a contract, you will have to defend against these claims or potentially face costly liability.
Partnership or Shareholder Disputes - In many cases, conflicts do not arise between other businesses, but within a business itself. Disputes between owners can drain business resources and should be handled as effectively and efficiently as possible. Many of these conflicts involve allegations of breaches of fiduciary duty, self-dealing, and mismanagement of the company. The law sets out specific claims and defenses in these cases. Additionally, there are often complex contracts involved including operating or shareholder agreements.
Intellectual Property Conflicts - Intellectual property protections, such as trademarks, copyrights, patents, or trade secrets, provide a legal course of action if another party misappropriates your business’s intellectual property. Your business may be entitled to a court order preventing the offending party from using your intellectual property on top of recovery of monetary losses that resulted from the misappropriation.
Employment Disputes - Having employees is essential to most companies, though it also increases the potential for conflicts and disputes. Employee disputes vary widely and can include allegations of discrimination or harassment, wage and hour violations, and wrongful termination. A business needs to effectively defend against these claims because such allegations can often result in legally-imposed penalties in addition to any liability your company faces. Alternatively, if you believe that an employee or former employee has violated an employment contract, non-disclosure agreement, or agreement to refrain from using your trade secrets, you may bring an action against him or her to enforce the contract or seek damages.
Alternative Dispute Resolution (ADR)
SLG’s litigation lawyers are skilled and experienced in representing clients in alternative dispute resolution forums such as arbitration and mediation. Many parties choose alternative dispute resolution as a means to efficiently and economically resolve litigation instead of relying upon the slow and overburdened California court system.
Arbitration - Many contracts into which companies enter contain binding arbitration clauses. Arbitration is a trial, but without a judge, per se, and a jury. In California, a single neutral arbitrator presides over the arbitration hearing, or the parties can agree that a panel of arbiters will preside. The mechanics of arbitration are substantially similar to a trial in court. Parties call witnesses and present evidence. Parties have the right to cross-examine witnesses who testify against them. Arbitrators rule on the admissibility of evidence and maintain the proper procedures. They are the sole decider of the facts and law. Arbitrators also determine the credibility of the witness called to testify at the hearing. The arbitrator issues a written ruling, making findings of fact and rulings of law.
Mediation - In addition to arbitration, mediation is another form of alternate dispute resolution with which SLG's business litigation attorneys are vastly experienced. Courts (especially the federal district courts in California where litigants file many business litigation cases) favor mediation as a means of resolving disputes. Many litigants choose to resolve their differences through mediation. Unlike arbitration, mediation is non-binding. The mediator is skilled in listening to each side’s proposals and working to find common ground. Mediation is highly cost-effective and can be more efficient than arbitration. Additionally, parties benefit because they do not relinquish the right to a trial if mediation fails.
Negotiating with an Experienced Business Litigation Attorney - SLG’s business litigation attorneys are highly skilled and experienced at negotiating resolutions of disputes between parties without an intermediary. SLG’s business attorneys take the time to listen to their clients. Whatever the nature of litigation, each client receives personal attention from a seasoned attorney to fully understand the client’s needs and goals. Consequently, they negotiate with their client’s best interests at the fore of their efforts.
SLG’s business litigation attorneys are here to represent you in court. They are skilled at preparing and filing pleadings and responding appropriately to the other party’s pleadings. They will work closely with their clients through the discovery phase of the case and thoroughly prepare for trial. At the same time, our attorneys will continuously evaluate whether your case can be resolved short of a trial. Whether you are a plaintiff or defendant, hiring a qualified business litigation attorney is crucial in achieving a successful outcome in your case.
Call SLG today at 408-441-7500 to discuss your business litigation needs with our experienced San Jose business litigation attorneys. Prospective clients can also contact our office by submitting our online contact form.