What Does a Business Litigation Lawyer Do?
Business operations are often complicated. Challenges can arise anytime, from launching new branches to managing day-to-day affairs, dealing with legal and financial matters to resolving conflicts with competitors, business partners, employees, customers, and other stakeholders.
The legalities that come with them are complex and require a lot of know-how to navigate. So, if you ever face legal issues while running your business, it’s best to seek legal assistance from a business litigation lawyer. This type of licensed attorney is an expert in business litigation and helps businesses address legal matters, including disputes.
In this post, we take a closer look at business litigation, how they come into play, and the roles and responsibilities of a business litigation lawyer.
What Is Business Litigation?
Business litigation refers to the legal process of resolving disputes and conflicts that arise within the context of business transactions, operations, and relationships. It involves legal action between two or more parties, which could include individuals, corporations, partnerships, or other business entities. Business litigation or taking disputes to a court of law helps settle disagreements between businesses. It is a crucial aspect that needs specialized knowledge and skills. Business litigation cases are often resolved through court hearings, trials, or mediation.
Companies often engage in litigation for many reasons such as protecting their intellectual property rights or implementing payment rights. Let’s look at its importance in the next section.
Why Is Business Litigation Important?
Business litigation safeguards a company’s interests and upholds legally binding contracts. It ensures compliance with contractual obligations, secures businesses’ rights, protects their financial assets, resolves legal disputes relating to business operations, and helps companies stay competitive.
Confidentiality is an essential component of business litigation since it helps protect confidential business data. Each party can enter into a confidentiality agreement and request confidential treatment from the court to avoid public disclosure and publicity.
About Business Litigation Lawyers
A business litigation lawyer professionally represents business entities in civil or criminal lawsuits. These legal professionals can represent plaintiffs or defendants by handling small and large legal issues that organizations deal with in their day-to-day affairs.
They receive specialized legal training in business law and are licensed to practice law in their jurisdiction or state. They may work at a corporation as an in-house legal counsel or represent different business clients at a law firm.
Besides representing their clients in business litigations in court, business litigators also advise their clients on legal matters to avoid future legal issues. By avoiding them, they reduce legal costs and stress for clients.
Moreover, these attorneys are equipped to negotiate effectively, diffuse tensions, and calmly work through challenging situations. They are also confident and experienced courtroom participants who can clearly communicate in courtrooms.
They are usually refined and persuasive writers, helping clients draft clearly outlined legal documents such as company policies, procedures, and contracts.
If you reach out to a Kentucky business litigation lawyer, they can guide you on local laws like:
- Limited Liability Company Act: Kentucky Revised Statutes (KRS) Chapter 275
- Business Corporation Act: KRS Chapter 271B
- Non-Profit Corporation Act: KRS Chapter 273
- Kentucky Uniform Voidable Transactions Act: Chapter 378A
- Kentucky Interest Rate Laws
- Kentucky Antitrust Laws
- Kentucky Deceptive Trade Practices Laws
Business litigators are also knowledgeable about other laws that are relevant to their practice such as state and federal statutes as well as case laws.
What Types of Legal Cases Do Business Litigation Lawyers Handle?
Business litigators advise and represent clients in court on various legal matters, including business formation, management, and disputes.
Common types of cases that business litigators specialize in include:
- Breach of contract, including conflicts relating to contract negotiations or interpretations
- Breach of fiduciary duty
- Shareholder and partnership disputes, including those regarding managerial direction and control
- Infringement of intellectual property (IP) rights, including patents, copyrights, trademarks, and trade secrets
- Employment disputes, including workers’ compensation, wage and hour issues, work injury, wrongful termination, and workplace discrimination
- Business torts
- Fraud
- Class action lawsuits like product liability
- Sale of goods and warranties
- Internal Revenue Service (IRS) and business tax liabilities
- Lender liability and banking litigation
- Real estate and zoning issues
- Environmental issues and toxic torts
Business litigation attorneys don’t always handle all these cases. However, they will most likely possess legal expertise in more than one area. If you consult an attorney who does not have experience in the area you need to address, they may refer you to another more experienced colleague.
What Are the Roles and Responsibilities of Business Litigation Lawyers?
A business litigation attorney has many professional responsibilities and roles:
- Understanding the intricacies of a legal matter to determine cause and responsibility by researching the facts and paperwork
- Determining statute, case law, and precedent to support or disprove a legal claim
- Consulting experts from various fields during litigation
- Writing briefs to submit in court delineating the facts of the case, detailing evidence supporting the assertion, and identifying the right to recover
- Representing businesses facing legal action in court, including making case arguments before a judge or jury, cross-examining witnesses, and presenting evidence
- Negotiating settlements outside of court by working with the opposing counsel to help clients avoid trial, its costs, and uncertainties
- Offering alternative dispute resolution (ADR) methods besides mediation such as arbitration
- Drafting concise, clear, and legally sound documents, including contracts, pleadings, and settlement agreements
- Offering legal advice and guidance to business entities on different issues such as studying contracts, ensuring regulatory compliance, and helping clients safeguard their intellectual property rights
Overall, business litigators help clients before, during, and after litigation.
Why Should You Consult a Business Litigator?
The various roles and responsibilities that business litigation attorneys take on make them vital to business entities. They inform clients about their rights and duties as well as offer essential legal advice. They also help clients understand cases they’re involved in and represent cases in court.
Inadequate legal counsel in business litigations can lead to losses. Consulting a business litigator helps them focus on other important business matters while saving valuable time and money.
Conclusion
Business litigation attorneys play a crucial role in helping companies resolve complex, costly, and time-consuming legal issues.
Bahe Cook Cantley & Nefzger PLC has some of the best business litigators in the country, allowing us to capably meet your legal needs. We offer quick legal solutions, and guidance while smoothly handling legal matters so you can avoid disputes and ensure legal compliance.
Over the years, we’ve helped many organizations with personalized and comprehensive arguments that fit the circumstances of their cases. Our flexibility and out-of-the-box thinking help us secure the most favorable outcomes for our clients.
Contact our team today to book a free consultation and discuss your case.
