You must navigate a myriad of business laws to have a successful and law-abiding company. Law, in general, is complex, and business law is certainly no exception, as it can affect every aspect of running a business. Trying to understand these laws on your own is no easy task, especially without the right education and knowledge, which is why proper legal consult is so important.
Without professional legal help, you and your business can be vulnerable to serious legal action, and a business attorney can help. But what exactly does a business litigation attorney do?
What Is Business Litigation?
Litigation involves the entire process of taking legal action, from before a lawsuit ever occurs all the way to the very end after court proceedings have officially concluded. Business litigation is simply the legal process that involves and surrounds businesses. It deals with all the legal issues businesses and corporate entities may face throughout their lifespan. Not only can business litigation cases take many years to complete, but they can also affect any business, no matter how big or small.
Some cases may not go through every stage of the legal process, as they occasionally end in other forms of mediation, but they generally consist of six to seven stages. These stages are initial motions, the discovery period, hearings, arbitration, mediation, trial, and possible appeal. Again, these stages can vary depending on the case, and almost every case is different. For example, after court proceedings are finished, one of the involved parties may not appeal the decision at all, axing that stage altogether.
What Is a Business Litigation Attorney?
To help you through these stages, a business litigation attorney will represent you and give you advice on the steps you must take for your case to succeed. They are legal professionals who typically spend many years honing their knowledge to be able to traverse this complex field of law, taking on large and small cases alike. Additionally, business litigation attorneys can represent companies and deal with the day-to-day legal issues or questions that may arise. Their job is to advise you and do what’s in your business’s best interest, and they can help you settle disputes out of court to mitigate stress and financial strain.
What Cases Do Business Litigation Attorneys Handle?
Because business litigation encompasses many different topics, a business litigation attorney usually specializes in one or two areas. The most common areas of business litigation include breach of contract, infringement of intellectual property, employment disputes, business torts, and class action lawsuits. Many business litigation attorneys specialize in contract disputes, as it is the most common form of business litigation.
Breach of Contract
Contracts are the terms with which an employee agrees to and are a critical part of what keeps a business running. If contracts and obligations are not fulfilled, that is considered a breach of contract and affects all parties involved.
Infringement of Intellectual Property
Infringement of intellectual property, such as trademarks, trade secrets, patents, and copyrights, can put the reputation and structure of your business at risk. If intellectual property is improperly used or distributed without explicit consent, this is considered infringement and could impact your company’s revenue and financial stability.
Employment Disputes
Employment disputes are also incredibly common and another area in which many business litigation attorneys specialize, especially because employment law is incredibly complex. Most commonly, these disputes involve a breach of NFA, discrimination cases, workplace harassment, retaliation, wrongful termination, and wage disagreements. However, federal and local laws on these disputes vary from state to state, so hiring a local lawyer familiar with these laws is in your best interest.
Business Torts
Business torts are defined as wrongful actions against a business that result in financial harm to said business. Typically, this is when a third party actively and intentionally interferes with a company’s business proceedings, such as prospective contracts, to cause financial harm.
Class Action Lawsuits
Usually, class action lawsuits arise when a product or service causes harm to the customer or user. However, class action lawsuits can also involve environmental pollution, harmful employment practices, data breaches, and much more.
While this is not an exhaustive list of the types of cases business litigation attorneys cover, they are some of the most common. It’s best practice to inquire about what area an attorney specializes in before hiring. However, most business litigation attorneys are well-equipped to handle most, if not all, of these cases.
Why Do You Need a Business Ligation Attorney?
While it may seem obvious at this point, a business ligation attorney can help protect you and your business from the stresses of dealing with legal issues, but that’s not all. In truth, business litigation attorneys can help prevent litigation from occurring altogether and safeguard your business from lawsuits before charges are ever filed. Remember, they are there to give you legal consultation and are equipped to handle day-to-day issues. They can help you ensure that your business is legally abiding and following best practices.
In some cases, you may not realize that your business is technically breaking the law, but ignorance of the law doesn’t hold up in court. A business litigation attorney can analyze the functions, processes, and practices of your business to determine its compliance. For example, did you know that it’s against the law to ask an applicant during the hiring process if they have a car?
In most cases, this question can be seen as discriminatory; it’s an illegal inquiry into an applicant’s financial status. Instead, you should ask whether or not they have a reliable mode of transportation to get to work. Many employers don’t know that the wording can make or break your chances of receiving a discrimination lawsuit, and this is where a business ligation attorney can help.
Now that you know what a business litigation attorney does, you’re better equipped to make the right decisions for you and your business. If you need professional legal consultation from experienced lawyers or a contract dispute attorney, contact Northern Legal. We’re a law firm located in Amarillo, Texas, dedicated to giving our clients the legal representation they deserve.
