When running a business, it is almost inevitable that at some point in time you will have a dispute. That is why having the right legal representation is crucial to making sure your business or company will always be prepared for these moments. Business litigation is where any court proceedings in which a business transaction or relationship is an issue. That is a very broad term with a wide range of possible disputes that may occur.
Types of Business Litigation Cases
There are many types of business litigations that can arise for a company. Some of these conflicts or issues that could occur might be:
- Parties to business contracts
- Parties to business transactions
- Employees and employers
- Businesses and their insurance companies
- Companies and trademark or patent infringers
- Parties to real estate transactions
- Companies and allegedly injured parties
- Shareholders and the board of directors
- Partners or LLC owners
- Companies and clients
The Litigation Process
The business litigation process is very intricate and complicated with many laws and rules coursing through them. Your business litigation lawyer should know these laws and how to apply them to each case. Some of these may be:
- Rules of Civil Procedure
- Rules of Evidence
- Local court rules
- Contract laws
- Business organizations code
- Employment laws
The lawyers at https://weisblattlaw.com/business-litigation/ explain the litigation process in great detail. They said these laws and rules weave their way through every step of the litigation, each petition and motion filed, and the trial process.
After filing petitions, answers and initial motions, a case well then move to the discovery phase if the court denies any motions to dismiss. This is where both parties have the opportunity to investigate and find the facts of what might have occurred. This part of the process is very complex as it involves gathering the evidence the other party might have or already has and plans to use in the court trial. If you have a good business litigation lawyer on your side, then they will know what information to look for and where to look for it. This could be crucial to making a settlement agreement more enticing for the other party or yourself.
Most times, a settlement is made before the case goes to trail but if not you need to have a skilled business lawyer that can both negotiate and litigate.
Mediation and Arbitration
If the parties involved are not able to come to an agreement then a business litigation lawyer will look at any applicable contacts to see if there are any dispute resolution provisions. Many times, contracts require you to engage in mediation or arbitration instead of taking the matter to court. These are the definitions the skilled lawyers at Weisblatt Law Firm gave for both mediation and arbitration:
- Mediation – Mediation involves disputing parties’ sitting down with a third-party mediator who is neutral in the matter. The mediator will listen to different arguments and review the situation, then work to facilitate cooperation and mutual resolution between the parties. If the parties can reach an agreement, they will need to follow the terms of the mediation agreement. It is important to have legal representation throughout the mediation process. A lawyer can advise you of your rights, ensure that any agreements are in your best interests, and draw up a legally binding contract to ensure the mediation agreement is enforceable.
- Arbitration – Many contracts include arbitration agreements, which give up the parties’ rights to litigation and instead rely on arbitration to resolve disputes. Arbitration involves the disputing parties’ appearing in front of an arbitrator or a panel of three arbitrators. They each present their case as they would in court, and the arbitrators decide how to resolve the matter. Their decision is binding on the parties. While arbitration can resemble a court hearing or trial, the process is usually faster and less formal than litigation. You should always have an attorney representing you and presenting your case during arbitration.
So, if you are still thinking what to do if you get sued for violation of data privacy, hiring a skilled busines litigation lawyer needs to be your first step. They can help you with any and all business disputes and help protect your company from harm.