How To Resolve Different Types of Business Disputes
Different types of business disputes require different levels of legal counsel, so it’s in your best interest to seek advisement from a lawyer on your options. Any company in business long enough will inevitably encounter some sort of dispute.
As experienced corporate litigators, we realize lawyers are not profit centers for businesses. And we also realize the importance of making informed decisions to resolve partnership disputes or other conflicts as successfully as possible.
The lawyers at Miller Law Group have extensive experience representing Raleigh area businesses and individuals during legal disputes. Some of the types of disputes we see frequently include:
1. Breach of Contract
Most often a breach of contract will arise when one party fails to honor their end of an agreement or deal. Sometimes disputes arise because the contract is incomplete, ambiguous, or unclear. This often results in each party interpreting the language of the contract in whichever light is most favorable to themselves.
A contract lawyer can help interpret the language or negotiate on your behalf to resolve these types of business disputes and redefine each party’s responsibilities. For future dealings, we advise you to contact our law firm to have an attorney review contracts before they are signed to prevent misinterpretations from unclear or disputable wording.
2. Partnership Disputes
Often this type of business dispute arises when partners disagree on what is in the best interest of the business. Sometimes partners or business owners disagree about financial compensation or leadership positions. Disputes can also arise when an owner or partner breaches their fiduciary duty to the business or other owners.
The necessity of a lawyer during a partnership dispute depends on the parties’ relationship and whether they can amicably resolve the issue. If the dispute leads to a dissolution of the business, consult a lawyer about winding up and other process requirements. We recommend seeking legal help for LLC business disputes between members because they often result in lengthy resolutions, from negotiation to mediation and, if necessary, litigation.
3. Business-to-Business Disagreements
We’ve also seen disputes arise between businesses with sole proprietors and those run as LLCs. When one company’s actions are perceived to be unfair or deceptive within the free market, another company can hold them accountable for unfair trade practices. Other disputes between LLCs may be conflicts with contracts or financial transactions between the two entities.
Litigation generally arises in such instances, and having an experienced business tort attorney on your side makes a big difference in your success.
4. Covenants Not To Compete
It is becoming more commonplace for businesses to ask their employees to sign non-compete agreements. Such agreements bind the employee not to engage in similar business practices for a certain period of time in a specific geographical location.
Most non-compete laws and legal terminology can be difficult to digest. While it is best to have an employment attorney review an agreement before you sign it, we understand this isn’t always possible. If you get into a business dispute with this type of contract, you’ll want an attorney’s help to navigate the complex situations.
North Carolina courts have enforced such agreements if they are reasonable, but the definition of ‘reasonable’ has several conditions. Miller Law Group has represented both employers and employees in non-compete disputes. On occasion, businesses ask employees to sign non-compete agreements that are overly broad and are thus unenforceable. Conversely, Miller Law Group has assisted businesses enforcing the penalties of non-compete agreements when employees fail to honor them.
Should you or your business be facing a dispute, let our experienced law firm help. We understand the importance of resolving matters as quickly as possible to prevent unnecessary costs and expenses. Contact the attorneys at Miller Law Group to discuss any type of dispute and your legal options.