What is Business Litigation?
Parker Waichman LLP has decades of successful experience helping businesses and individuals in numerous business law and litigation matters, including:
- Breach of Contract
- Commercial Collections
- Defective Goods
- Unfair Competition
- Fraudulent Business Practices
- Wrongful Interference with Business Relationships
- Franchisor/Franchisee Disputes
- Shareholder Actions
The firm works with its business clients to fully understand their legal issues, which enables them to focus on the running of their businesses. Parker Waichman LLP uses its knowledge and expertise to investigate and evaluate issues affecting the successful operation of a business.
What is Breach of Contract?
A contract is an agreement that sets forth specific terms between multiple people and/or entities in which there is an exchange of enforceable promises in return for monetary or material benefit known as consideration.
When one party neglects to abide by the terms of the contract, a breach of contract occurs. Typically, the specific contract terms govern the relationship between the parties; however, some terms may be deemed unenforceable if found to be unfair or illegal. Parker Waichman LLP is knowledgeable in all of the nuances of contract law and our lawyers will ensure that our clients’ interests are protected.
What Are Commercial Collections?
Commercial collections encompass all types and sizes of businesses. The lawyers at Parker Waichman LLP are skilled in collecting past due receivables from delinquent customers or clients.
Attorneys, not collectors, are able to initiate a lawsuit on a businesses behalf to collect its claims, which sends a powerful message to delinquent customers or clients. If necessary, the firm will undertake litigation and enforce judgments and arbitration awards against the delinquent party.
What Are Defective Goods?
When goods or services are purchased, the nature and quantity are generally specified in a purchase contract, which indicates that the seller must deliver the good or services requested to the buyer under agreed-to considerations. When delivered goods or services are not what was specified in the purchase contract, those goods or services are considered non-conforming.
Purchase contracts indicate the nature and quantity of goods or services requested by the buyer. The seller must adhere to the agreements to deliver such requested goods or services as stated in the contract. Non-conforming goods are relevant in situations in which delivered goods or services are not the same as what was indicated in the purchase contract.
The Uniform Commercial Code (UCC) covers sales of goods and also indicates that a purchaser may reject or accept all or some goods should non-conforming goods or services be delivered by a seller. Should the buyer reject the non-conforming goods within a reasonable time following delivery, that buyer is generally not liable for the rejected goods.
Parker Waichman LLP has a deep and successful background with the various types of issues surrounding defective or non-conforming goods and will provide sound advice, as well as compelling representation, should negotiations be no longer possible.
Business practices that cause a business economic injury are illegal. Such unfair competition may involve various unfair practices including, theft of proprietary information, such as customer information; trademark infringement; trade defamation; and misappropriation of trade secrets.
Trademark and Trade Issues
Trademarks are sought to clearly identify the manufacturer of a product. Competitors are legally prohibited from making unfair or deceptive uses of another business or trademarked product. If a competitor disseminates dishonest information using another business’s owner’s name, a business name, or product(s) names, the allegedly injured party may take legal action.
Competitors are not permitted to unethically obtain business trade secrets from another business. Tactics typically used may include competition impersonating itself as another company’s employees, utilizing various methods of eavesdropping, employing illegal surveillance tactics, and stealing information, to name just some.
Fraudulent Business Practices
Fraudulent business practices may include various dishonest or misleading actions that adversely impact businesses, causing businesses may suffer from financial loss or other damages. Examples include if a vendor advertises a product has capabilities it does not or if a defectively manufactured item ends up costing more than the original price of the product.
Wrongful Interference with Business Relationships
When businesses have a contract with one another, they are legally bound to the terms of that contract. When a party wrongly interferes with business relationships, that party engages in tortious interference.
When this occurs, the affected businesses may have grounds for a lawsuit, for example, if two or more parties are involved in a valid contract, it is shown that the alleged interferer knew about the contract, the breach of contract is caused by the alleged interference, the interference is found to have been intentional, and the plaintiff allegedly suffered due to the interference.
Franchising occurs when a business leases its business model and brand for an established period of time. This is typically seen in various types of restaurants and clothing stores. Franchising may be an excellent way to expand and increase revenue without having to personally take on extra responsibility; there are also many benefits for the franchisee.
When disputes arise between franchisors and franchisees, franchise litigation may occur. Franchise litigation may be complex, involving aspects of contract law, intellectual property law, and statutes governing interstate commerce.
A securities class action is a lawsuit brought by shareholders and investors who incurred monetary damages and economic injury as a result of corporate misconduct, including, but not limited to insider trading, the preparation of false and fraudulent financial statements and stock market manipulation, including the improper inflation of a company’s stock price.
A shareholder derivative lawsuit is one filed by a shareholder on behalf of a corporation. Specifically, this type of lawsuit is brought against management, directors and/or other shareholders of the corporation for fraud, self-dealing, improper management, failure to properly exercise their authority for the benefit of the company and shareholders and other similar issues.
Questions Concerning Complex Litigation
The attorneys Parker Waichman have a long history of successfully fighting business litigation cases for their clients. If you or someone you know has suffered losses that fall under business litigation, the firm offers legal consultations and will answer questions about filing a lawsuit.
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