Businesses large and small can face hurdles including disputes with other businesses throughout the course of their operations. Disputes shouldn’t be taken lightly. Some disputes can have serious consequences for a business, resulting in significant financial losses, fines and penalties, a damaged reputation and customer relations, and even business closure in some cases. As such, ensuring that you are represented by an experienced legal professional in the event that your business is involved in a dispute is critical.
At The Masters Law Firm, we represent businesses as plaintiffs, usually against other businesses seeking compensation for business losses due to the wrongdoing of others in a range of commercial business matters.
Common Types of Business Disputes and Reasons for Litigation
A business litigation case may arise out of a number of different disputes, some involving businesses, suppliers, customers and other parties. Over our years of practicing law in West Virginia, we have litigated a number of different business cases. Types of business disputes and business litigation cases include the following:
Antitrust Litigation. Both West Virginia state law and federal law, prohibit certain unlawful business practices. When other businesses violate the antitrust laws, they can cause their clients and consumers and their own competitors’ huge losses. Antitrust laws are designed to protect consumers and businesses from unlawful competition and unfair business practices. Antitrust violation schemes can vary in many ways. The schemes may include conspiracies between two or more businesses who may fix prices or divide territories to deter or eliminate competition. A business may develop a monopoly and restrict or eliminate competition in a variety of ways. Two or more parties may conspire to rig bids so that the price for a product or project is artificially higher than it would be if competition exists. The violators may enter into exclusive contracts for the sale and supply of products or by tying the sale of products together.
Fraudulent business practices. Businesses may misrepresent matters which are significant and material to a purchaser of a product or service or may be secretly failing to pay all money owed to a client or customer or another business or partner in business. Civil fraud involves acts or omissions by one party which amounts to a misrepresentation to the one who relies upon the misrepresentation and, as a result, is damaged.
Insurance coverage disputes. Businesses purchase insurance with the expectation that the insurance company will make a payment in the event that the business requires it. However, insurance companies frequently deny claims. For businesses, this can be disastrous, and may warrant bringing an action against the insurer business or party for breach of contract or bad faith for compensation to the insured.
Construction disputes. Businesses that are constructing buildings and other projects, may invest in the services of construction contractors or subcontractors. A contractor may not do the job right and a business suffers losses as result. Unfortunately, construction disputes are common, and are often best resolved with legal counsel.
Breach of contract. A breach of contract case exists when one party to a contract breaches a duty owed to another party as expressed within that contract, such as to make a payment of a certain amount. Contracts can also involve non-compete agreements, employment agreements, shareholder agreements, and more.
The above list is not exhaustive. If your business has suffered loss due to the wrongful conduct of others, you may call us for a consultation.
Dispute Resolution Options
When you hire The Masters Law Firm, we will explore with you the various options you have for resolving the dispute, including litigation. While litigation can be the most effective tool, the contract may call for arbitration.
If negotiations prior to litigation with the other party break down, other dispute resolution options include:
Mediation is a fairly effective way of settling a civil dispute. Through mediation, both parties to a dispute will have an opportunity to talk through the disagreement and come to an agreement about a remedy that is fair and just. Mediation is a voluntary process that is required by most courts and can be used prior to litigation as well. For a settlement that is reached through mediation to be binding, it must be agreed to by all participants.
The parties may be required to participate in arbitration. Similar to litigation, binding arbitration involves a professional arbitrator making a decision about how a dispute will be settled after hearing from both parties. The biggest differences, however, are that you give up your right to a jury to decide your case. In our experience, arbitration may be less favorable to those who have suffered wrongdoing than litigation, but is sometimes the only avenue to resolve the case because it may be required by the contract between the parties.
Why Work with The Masters Law Firm?
As you search for a skilled business litigation attorney to represent your company throughout the course of its dispute, we encourage you to consider our law firm. Top reasons to work with us include:
We have been investigating and litigating complex cases including business cases for many years and we have experience successfully litigating a wide range of business disputes.
We accept certain business cases on a contingent fee basis. For certain business cases, we agree to accept the case on a contingent fee basis, so we would take a percentage of what we recover for your business. If you do not collect any monies, you do not have to pay an attorney fee. This can help because some businesses may not have the ability to pay hourly legal fees prior to a recovery.
We create customized solutions for your business. Our team will never take a one-size-fits-all approach to resolving your business dispute. Instead, the strategy that we recommend will be formulated after reviewing your situation, your goals and objectives and other factors related to you and your situation.
We have received recognition for our legal services at both a state and national level. Some of our recognitions include:
Super Lawyers 2018
America’s Top 100 Attorneys
Best Lawyers Best Law Firms – U.S. News 2018
Reach Out to Our West Virginia Business Litigation Lawyers Today
Our lawyers seek to resolve disputes in which your business is involved in a manner that meets your objectives and serves your best interests. For a consultation with our West Virginia business litigation lawyers, please call our law firm directly today at 304-342-3106, visit our Charleston office in person, or send us a confidential message.