Sometimes simple disputes can blossom into much larger and prolonged problems which could have been avoided. At some point, every business will need to face a legal dispute. Preparing for this possibility before it occurs can avoid losses and preserve your hard-earned dollars. There are steps that you can take today through the agreements that you use and through the structuring of your business that will minimize the adverse effects of commercial disputes.
J. Eric LeVine has represented a wide spectrum of businesses in the past and has provided sound legal planning, custom prepared contracts and business structures that have helped his clients avoid such disputes. However, when commercial disputes are unavoidable, he has also represented these clients with a focus and determination to bring them to a successful resolution.
When one party fails or refuses to meet their obligations under an agreement, there are remedies available to prompt compliance and to recover damages caused by this breach of contract. This can also include situations where the other side to an agreement has simply indicated that they will not perform in the future (anticipatory breach of contract). Most business disputes will involve a breach of contract.
Misrepresenting material facts or hiding things that should have been disclosed are frequent sources of litigation. There are occasions when the fraud is not readily apparent for some time. Once discovered, however, it is important to not delay addressing it. It is also equally important to take the steps required to verify whether what looks like a misrepresentation or concealment is truly so, particularly if it involves a partner. Suspicions of fraud can ruin a successful partnership. The first thing that Eric does is to make certain the fraud has occurred. He has helped many clients recover the compensation to which his clients are entitled when they have been defrauded.
When partners, shareholders and members of a business are disrupting the way that the business is being operated, it is important to act quickly. These types of cases need swift and collaborative efforts to resolve the dispute early on. Delay and refusals to communicate almost guarantee a lawsuit. These types of disputes may also involve breaches of fiduciary duties.
Normally, my recommendation will be to provide the party who owes you money one opportunity (and only one) to resolve the matter quickly before filing suit to recover your money. If this does not result in a swift resolution, a lawsuit is immediately filed and ultimately brought to judgment. After this, we employ a variety of methods to enforce the judgment to get you paid.
Disputes arising from the Sale of a Business frequently will include claims for breach of contract, fraud and concealment. These commonly involve claims that the financial records have been manipulated, some other material facts were not disclosed or were misrepresented or there is a failure to pay the purchase price. These types of disputes can also involve the seller going into business in competition with the business after it was sold.
Includes claims where past employees are using information gained from their prior employment to improperly compete with your business. It may also include the person who sold you your business proceeding to compete with you in violation of their agreement that they will not do so. Depending upon the facts of your case, you may be able to obtain an injunction (a court order) prohibiting them from continuing this wrongdoing until the case gets to trial.