An internal dispute within a company or a disagreement in a business deal can be frustrating, time-consuming and expensive.
At Simien & Simien, our Louisiana business litigation attorneys are qualified to handle matters concerning corporate and commercial laws. Our accomplished law firm is comprised of seasoned and experienced litigators who have taken on corporate giants in pursuit of our clients’ interests.
We provide the same level of dedication and tenacity to each claim we accept. We will review your claim during a free legal consultation that requires no obligation to hire our firm.
Types of Business Claims
As reputable Louisiana business litigation attorneys, we have a strong understanding of complex transactions and arrangements that allows us to meet the needs of businesses of all sizes.
We cover numerous areas of commercial law, including:
- Business tort lawsuits
- Construction litigation
- Real estate litigation
- Legal malpractice
- Professional liability
- Debt Collection
- Intellectual property litigation
- Trust and estate litigation
- Shareholder and partnership disputes
Our experience in these areas has made us highly qualified to take on most areas concerning business disputes, breaches of contract and professional liability.
Complete a Free Case Evaluation form to contact our Louisiana business litigation attorneys.
Common Business and Commercial Disputes We Handle
Disputes are common within the business community and are often solved without attorney. However, some disputes require legal action to ensure fairness and to prevent one party from acting unethically.
Disputes Between Businesses
It is common for businesses to work together in mutually beneficial partnerships. However, these partnerships can be delicate and cause complex legal issues involving labor, land ownership, contract breaches and even fraud. These disputes can be long-lasting and costly while creating turmoil in each separate business.
We can help resolve a dispute between separate businesses as quickly as possible through mediation, negotiation or arbitration, which would prevent a trial. However, if necessary, we will take your case to trial to obtain a favorable outcome.
We also handle certain cases between employers and employees involving employment agreements, misappropriation of trade secrets, non-compete agreements, wage disputes, and severance agreements and exit packages.
Business partnership disputes often originate from miscommunication or a misunderstanding of the control that each party has within the company. An agreement should have been made when the partnership was originally formed that clearly stated each party’s role and listed their duties and obligations.
It may be in the best interest of all parties involved to hire a Louisiana business litigation attorney before deciding and agreeing upon the terms of the partnership to ensure that both parties understand the level of compensation, control and contributions that are to be met under the partnership.
However, our attorneys can also help negotiate disagreements after a partnership has already been formed.
Outside sources hired to perform a duty, such as a contractor, accountant or an insurance agent, are obligated to perform their jobs in a similar capacity that others in their field would under similar circumstances. If an outside source fails to uphold its obligations, it can be held liable for any losses or damage that occurred because of its negligence.
Attorneys are expected to exercise due care when handling your legal matter in a professional and ethical manner. Instances of attorney malpractice and negligence include:
- Missed statute of limitations
- Improper settlements
- Client conflict of interest
- Documenting and drafting errors
- Failure to investigate and perform discovery
- Over-billing clients
In cases of legal malpractice, LA Rev Stat § 9:5605 provides a one-year statute of limitations to file a claim that begins either on the date the malpractice occurred or the date in which the act is discovered or should have been discovered.
Call (800) 374-8422 to speak with one of our Louisiana business litigation attorneys.
One of the most common disputes within the business community is a breach of contract. This can occur when there is a disagreement over the terms of an arrangement or when one party fails to live up to the obligations specified in the contract.
For a contract to be valid, the terms must be clearly stated in a manner that all parties involved mutually understand and agree to.
For a contract to be valid, certain steps must be fulfilled:
- An offer must have been presented by one party to another
- Each party must accept the terms of the offer
- Some form of payment or consideration must be offered by one party to another for the services at issue
Common forms of contract disputes include:
- Issues with drafting and reviewing a contract
- Terms surrounding the offers and methods of accepting those offers
- Mistakes and errors concerning the terms of a contract
- Disagreements to the definition of listed services or technical terms within the document
Fraud and coercion, which can occur when both parties fail to reach a “meeting of the minds” or if a party has been forced or tricked into signing the contract.
When drafting of a contract, you should continuously check the writing of the document for any inconsistencies or sudden changes. You should also have a clear idea of what you want out of the agreement and what you are willing to put in.
Clearly stating your intentions minimizes the risk of miscommunication and mistakes from occurring that may cause a dispute.
When a party that was legally bound to perform a duty has failed to live up to its obligation, that party can be held liable for breaching its contractual agreement. There are two types of contract breaches:
A material breach refers to any instance in which a party failed to meet its obligations in such a crucial manner that it irreparably ruins the framework and purpose of the contract.
When a material breach occurs, the non-breaching party is free of its obligations to the contract and can sue the breaching party for any damages or losses caused by the breach.
A minor breach occurs when a party breaks the terms of a contract in a slight way so that no serious damage has been done to the arrangement and the heart of the contract has not been disrupted.
Each party originally involved in the contract must still perform their obligations and carry out the remaining terms of the contract. However, the non-breaching party is entitled to take legal action against the breaching party.
Legal Help for Contract Disputes
While you are not required to hire an attorney, having legal representation to settle a contract dispute can increase your chances of reaching a fair and ethical resolution.
In most instances concerning business contracts, it will be in your best interest to seek legal advice from an attorney before drafting or signing a contract to ensure its validity.
Under LA Civ. Code art 3499, there is a 10-year statute of limitations to file a claim concerning a breach or dispute of both written and oral contracts. If you wait to file a claim outside of this timeframe, you may miss the opportunity to seek damages.
Our Louisiana business litigation attorneys can provide essential legal advice and review the document to determine if it legitimately states its true intentions.
Fill out a Free Case Evaluation form to seek legal help from a Louisiana business litigation attorney.
How Can We Remedy Your Situation?
If you have suffered a loss from a business dispute, professional negligence or a breach of contract, our Louisiana business litigation attorneys can pursue claims for monetary damages and equitable relief on your behalf.
- Compensatory damages: This form of compensation is intended to provide monetary relief in the amount that the plaintiff would have received had the dispute or breach of contract not occurred. It also provides consequential damages, which compensates the plaintiff for any indirect damage caused by the other party.
- Liquidated damages: Some contracts or business arrangements contain a liquidated damages provision, which provides a predetermined about of money to the party that suffered loss in partnership dissolution or contract breach.
- Attorney’s fees and costs: The fees and costs of an attorney may be recoverable if it is explicitly expressed under the terms of the original agreement.
Equitable remedies are meant to provide a fair outcome in a contract breach or business dispute. A court reviews the terms of the original agreement to make it suitable for one or both parties or cancels the arrangement entirely if one party has a significant unfair advantage over the other.
A court can order two forms of equitable remedies:
- Specific performance: In certain cases, our attorneys can seek an order from the court requiring a “special performance” in a breach of contract lawsuit. In this instance, the breaching party would be required to fulfill its original obligations under the terms of the contract.
- Rescission: When a court orders a rescission, the disputed contract, partnership or arrangement is voided. Both sides are excused from acting under the terms of the arrangement and any money that had been paid under the contract is often returned.
Our Louisiana business litigation attorneys can help you determine which remedy would serve in your best interest to compensate you for the losses you incurred.
Call (800) 374-8422 to schedule a free legal consultation.
The Benefits of Hiring an Attorney to Settle Your Business Disputes
There are certain circumstances in which having an attorney may be necessary.
As experienced Louisiana business litigation attorneys, we understand the legal framework of the deal or contract that you are involved in and can advise you of whether the arrangement benefits your interests.
We can also identify and interpret the intricate details most would fail to notice to inform you of any misrepresentation that might be contained within a legally binding agreement. For instance, clauses may be deceptively hidden in a business or real estate contract that are designed to be misleading to defraud investors.
Businesses rely on agreements and contracts with partners and vendors, as well as strong relationships with customers and employees. If these relationships are jeopardized because of miscommunication, wrongdoing or malpractice, you will need an attorney who understands how to use the legal system to work to your benefit and protect your interests.
Contact Our Accomplished Louisiana Business Litigation Attorneys
As accomplished Louisiana business litigation attorneys, we always place the needs of our clients at the forefront of every decision and negotiation. We dedicate ourselves to the interests of our clients by taking an ethical and professional approach to obtain the best results possible.
Our previous experience has brought us up against tobacco giants and oil conglomerates, and provided us with the skills needed to negotiate at the highest levels of corporate law. If you believe you have suffered a serious loss over a business deal made in bad faith or from a breach of contract, our Louisiana business litigation attorneys can help.
Our main office is in Baton Rouge near the 19th Judicial District Courthouse and the Downtown Business Association. We also have offices in Lake Charles, LA and New Iberia, LA. Do not hesitate to contact us for a free, no obligation to determine if you are entitled legal options.
Free Case Evaluation form for a consultation with a Louisiana business litigation attorney.