Business Disputes

When you enter business with someone, you often share a vision, and the partnership you build together becomes your pride and joy. However, business relationships are like any relationships. As you grow and your interests change, you and your partner may drift apart, and this rift is often the genesis of contentious commercial litigation. This is why who you choose as your Atlanta business litigation attorney is so critical. During business disputes, the stakes are high. Business law is incredibly complex, and without the expert counsel of business dispute lawyers, it is impossible to navigate. Still, business disputes are not limited to individuals, and they can even include disagreements between two entities, which further complicates matters. While alternative dispute resolution is preferable, it is not always feasible. Parties often become embroiled in corporate litigation because one alleges the other has breached a contract, that an act or omission has caused damage to a business relationship, or that there was a failure to act in the best interest of the company, partnership, or other business venture. Still, this is just scratching the surface, and several parties can become involved in business disputes that require hiring an Atlanta business litigation attorney, like consumers, clients, and even state or federal government entities. Other common examples of business disputes that require a business litigation lawyer include:

Unfair competition lawsuits
Disputes over debt and debt collection
Product liability
Fraud or misrepresentation of facts
Cases involving employment law
Investment scams
Insider trading
Shareholder conflict
Violations of securities laws
Intellectual property violations
Breaches of confidentiality or non-disclosure agreements
LLC issues
Zoning and land use conflicts
Reputational damage
Business asset distribution
Data breaches
Antitrust lawsuits
Class action claims
Business sale or transfer conflicts

Commercial disputes are particularly complicated because each of these claims has unique and distinguishing laws, deadlines, and compliance requirements to navigate, which is impossible without a supremely competent business litigation lawyer. Failure to abide by these laws and regulations results in having your case dismissed and, ultimately, losing the opportunity to recover damages and other types of relief. To optimize your outcome, working with the premier Atlanta business dispute lawyers is essential, and at Gaslowitz Frankel, we boast an unparalleled team that ensures you understand your legal rights and obligations. We will protect your interests and fortify your organization.

Common Types of Commercial and Business Disputes

Contract Disputes

Almost all business relationships are based upon a written contract that sets the terms of the parties’ rights, duties, and obligations to each other. However, not all contracts are perfectly written, and it is difficult for a contract to anticipate every situation. Serious disputes may arise if one or more parties act in a way that breaches the terms of the contract, or if the parties disagree regarding an interpretation of the contract terms.

Shareholder or Partnership Disputes

Officers and directors of companies have a legal duty of care and loyalty, also known as a fiduciary duty, to act in the best interests of the company and its shareholders. Partners in a partnership also owe a fiduciary duty to each other. When an officer, director, or partner breaches his or her duty of care or loyalty to the company or partnership, a claim arises for breach of fiduciary duties. This can result in litigation among the officers, directors and shareholders, or among the partners. In addition, under certain circumstances, the dissolution of the partnership or corporation might be appropriate when the dispute affects the ability of the company to operate effectively.

Business Dissolution and Reorganization

When a dispute arises among officers, majority and minority shareholders, or partners, many businesses may have to consider dissolution, buy-outs, or transfers of control. This is often referred to as a business divorce, as it often requires a degree of negotiation and litigation similar to the break-up of a marriage.

Conversion or Misappropriation of Corporate Assets or Opportunities

When an officer, director, or partner wrongly takes money or assets belonging to the corporation or partnership, a misappropriation or conversion of corporate assets has occurred. Similarly, when an officer, director, or partner takes advantage of a business opportunity for his or her personal benefit rather than the benefit of the company or partnership, it is referred to as “usurping” a corporate opportunity. In both cases, the individual has breached the fiduciary duty owed to the company or partnership, and is subject to suit to recovery those corporate assets or opportunities.

Consult with an Experienced Attorney

The attorneys of Gaslowitz Frankel have years of expertise in handling the complex issues surrounding business disputes. For trusted legal guidance and expert advice, consult with the attorneys of Gaslowitz Frankel.

Business Disputes

Common Types of Commercial and Business Disputes

Consult with an Experienced Attorney

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