Contract Litigation

Contracts are an essential part of doing business, but sometimes there are disputes or a breach of contract between two parties. Contract litigation is the legal process when there is a breach or dispute regarding a contract between businesses or individuals. Business attorneys deal with contract litigation matters, and work with clients to resolve the issue prior to the matter going to court, but are highly experienced and effective if the matter does indeed go to court. Business attorneys take the time to analyze the contract being disputed; getting all the details of the matter, and then decide with the client on the next steps in the litigation process. Attorneys can help clients who are owed money, compensation, or assets, as well as issues that involve fiduciary duties, fraud, unfair trade practices, and misappropriation of trade secrets.

Some examples of the types of contract litigation matters business attorneys handle are:

• Partnerships and LLCs

• Supplies and suppliers, including quality of goods and timeliness of delivery

• Manufacturing

• Employment matters

• Business debts

• Construction

• Real estate

• Services

• Loan agreements

• Implied agreements from exchange of forms or delivery of invoices

• Revenue provisions

• Trading contracts, including ISDA forms

• Licensing, including geographic limitations and performance

• Franchise disputes

• Merchant and credit card processing

• Rights of first refusal

• Software and gaming development

• Investments

• Shareholder issues

• Non-solicitation and non-competition

• Bank and brokerage customers

• Commercial notes and debentures

• Supplier contracts

The main goal of a business attorney is to protect the clients’ contractual rights. In litigation they recover damages such as liquidated damages, compensatory damages, and punitive damages. Litigation matters tend to get highly emotional and can be stressful and counterproductive to a business, so the attorneys help the client with complex legal matters, resolve the issue effectively, and work to get the best possible outcome for the client.

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