Business Litigation & Disputes
When negotiation fails to produce a resolution, businesses may engage in civil litigation. This involves filing the necessary documents to present a particular issue to a judge or jury, and the discovery, which is the marshaling and presentation of evidence. At the Law Offices of David E Oles, LLC, our Alpharetta business lawyer has been working through business disputes for 20 years. Over the years, our firm has become know for conducting successful litigation for our clients in both state and federal courts.
Commonly litigated matters may include:
- Contract Disputes - Parties may disagree on contractual terms, or may have grown unhappy with the existing terms. One party may claim that the other failed to perform according to expectations.
- Employment Disputes – Business may receive lawsuits from current and former employees alleging that they have been the victim of discrimination or other violations of law. Employees with written contacts may allege a beach of contact.
- Violations of Licensing Laws – Many professions and activities are subject to licensing statutes and regulations by state and federal agencies. Violations can subject a business to actions by government agencies or litigation in federal or state court.
- Tort Claims – Simply put, a tort is a set of harmful conditions for which the law recognizes a remedy. Some of the more common include Negligence, Battery, Nuisance, Libel and Slander.
- Indemnification – An organization may agree to defend, hold harmless, and reimburse an officer, director, or agent for certain acts taken in furtherance of the company’s business. Indemnification may be accomplished by terms in the company’s articles or operating agreements, or in employment or other contracts.
- Shareholder Disputes and Member Disputes – Frequently disputes may arise between shareholders and members over decisions for the organization. In the absence of express provisions, state law generally provides a mechanism for the relief of aggrieved shareholders and members.
- Deadlocks - Often shareholder and operating agreements provide the procedure to be followed in the event that owners cannot resolve decisions,, commonly called a “deadlock.” In the absence of express provisions, state law generally provides a mechanism for the relief of aggrieved shareholders and members.
- Derivative Suits – Shareholders can bring lawsuits “in the name of” the company in the event that the company’s management has taken actions against the interest of the company. Such lawsuits can be particularly costly to public corporations and are a frequent source of risk.
- Shareholder Suits – If shareholders are unable to resolve their differences with other shareholders, they may file lawsuits to recover damages and seek equitable relief such as injunctions.
- Veil Piercing – When a corporation fails to observe corporate formalities, and owners intermingle their personal affairs and finances with the company’s, state law sometimes can avoid the limit of liability usually protecting a shareholder. In such a case, the court generally finds that the company is a “mere instrumentality” of the owner and is not being operated as a truly independent concern.