Breach of contract litigation involves rights and responsibilities that were agreed upon by two or more parties. It includes oral, written, and implied contracts. In essence, a contract creates private law between two or more parties. In breach of contract litigation, one or more parties claim that another party failed to adhere to that private law.
Contract negotiation and drafting often includes structuring real estate deals, business agreements, or settlements. In structuring a deal, we try to protect our clients, maximize our clients’ returns, and help our clients’ create viable relationships going forward. Having an attorney involved as deals are set up may prevent the deal from turning south and resulting in costly litigation later.
Collections (aka debt collection) deals with money that is owed by one or more parties to another party. Debt collection almost always about enforcing a contractual obligation to pay for goods or services.
Corporate governance is the system by which a company is controlled. While the term “corporate governance” traditionally refers the functioning of a corporation, looser modern usage may include other entity types as well. The goal in corporate governance is to help the company maximize its returns while complying with the duties apportioned to the company and the people acting on its behalf.
Dissolution is the process of properly ending a business. The dissolution process involves winding up business activities, paying off creditors, and distributing remaining assets to the business owners.
A fiduciary is a person placed in a position of trust and invested with power to care for another person’s interests. Fiduciary duty litigation arises when that trust has been broken, and the fiduciary has failed to properly care for that other person’s rights or property. Common fiduciaries include lawyers, real estate agents, and corporate officers.
Formation and entity structure entails the process of creating a business and putting in place the agreements necessary to have the business run properly. Setting up a business correctly in the beginning can greatly reduce litigation and liabilities later, as well as help to manage the expectations of the parties involved.
An internal business dispute is usually a dispute between two or more persons with an ownership interest in the same company. The procedures to handle each dispute will depend on the type of entity at issue and the roles each party plays in that entity. Internal business disputes occur both in closely-held businesses and publicly traded companies, but the rights, obligations, and available remedies can differ greatly.
Insurance law pertains the relationship created by an insurance policy. Insurance policies can cover a variety of risks, such as death, title issues on property, and damages caused by third-parties. Although insurance is one of the most highly-regulated industries, the majority of an insured’s rights come from the policy documents.
Non-compete agreements prevent a party from competing with another party for potentially similar business interests. Employment contracts and business purchase agreements regularly contain non-compete provisions.