Business / Commercial Litigation
Whether a dispute between businesses or among business co-owners, business and commercial litigation can take a variety of forms. It may be founded on an alleged breach of contract, such as a vendor or sales contract or a non-disclosure agreement, or based in tort, such as the intentional interference with prospective economic relations, fraud, or a breach of fiduciary duty. Disputes among owners of a business can become even more contentious, as people who have spent time and money building a business together suddenly find themselves at odds over claims of mismanagement and misuse of the company’s assets. Regardless of the nature of a dispute, the Law Office of Richard H. Poulson is ready to act as your Alameda County business litigation lawyer in court and at trial.
Contract disputes are an everyday occurrence but, with the on-going economic disruption across the country, certain clauses in contracts, such as “force majeure” or “Acts of God” provisions, are being relied upon to cancel, rescind, or modify a wide variety of agreements. In the absence of such clauses, California provides defenses such as “frustration of purpose” or “impossibility” which parties may potentially rely upon when the object or performance of the contract at issue has been rendered pointless or impossible. These claims require a close scrutiny of the terms of the contract itself, the legal rules of interpretation, and the case law addressing disputes that have arisen regarding similar agreements.
Disputes among business owners, particularly those in a partnership where the roles and obligations of the partners are more often ill-defined, can easily lead to litigation. Parties may disagree over contributions to or withdrawals from business accounts as well as the fiscal management and physical operation of the business. In general partnerships, each individual partner can be held responsible for the actions of another partner leading to virtually unchecked liability. In addition, arguments over the dissolution of the business or a withdrawal of one’s equity interest are common as issues of valuation and repayment, absent a properly drafted buy-sell agreement, are likely to arise. Navigating these turbulent and contentious waters requires trusted and experienced litigation counsel.
Businesses may on occasion enter into a licensing agreement for technology or equipment, or a professional services agreement with contractors who have the specific skills necessary to complete certain tasks. These agreements must address not only the work being done, in terms of timeline, cost, and process, but the confidential nature of your internal business practices. Violation of non-disclosure and confidentiality agreements can put a business intellectual property at risk and put the very business itself in jeopardy. In these cases, you need a business litigation attorney who can help guide you through the process with your objectives in mind as the risk of losing a company’s intellectual property can be devastating.
While the goal may initially be to resolve such disputes without having to resort to litigation, there are occasions where judicial intervention is required to settle the matter. Whatever form the litigation may take, the Law Office of Richard H. Poulson can serve as your Alameda County business litigation lawyer, whether as a plaintiff or defendant, and manage your case from inception to resolution. With targeted discovery and motion practice designed to eliminate unnecessary costs while maintaining a focus on your goals, Richard can deliver the same high-caliber representation to your business as he provided his Fortune 500 clients. In addition, with creative strategies and transparent billing practices, and estimated budgets upon request, you will know exactly how your case is being handled without having to worry about runaway bills.