Experience Is Critical in Your Choice of a Business Litigation Lawyer

In theory, breach of contract is simple: one party did not live up to the terms of a contract to which he or she agreed. In practice, however, breach of contract cases can be extremely complicated and require the services of a skilled commercial litigation lawyer to settle. For the business owner, breach of contract cases are the most common causes of legal action, but you shouldn't trust your case to just any commercial litigation lawyer.

Partnership and LLC Member Disputes

Disputes involving partnerships and limited liability companies may be similar to breach of contract cases, but settling them often requires a business attorney with experience in mediating and litigating this specific kind of problem. Emotions can run high in partnership or LLC disputes, which is why it's important to work with an attorney who can work with the facts of the case.

Mergers and Acquisitions

Mergers and acquisitions can represent exciting opportunities, but to be done successfully, they must clearly spell out what happens to all parties after the transaction occurs. Sometimes stockholders object to terms of a merger, and in some cases acquisitions can be "hostile." A skilled and experienced legal team is vital to the success of a newly merged or acquired business.

Emergency Business Litigation Cases

With some business situations, parties must act quickly, and your commercial litigation attorney can make the difference between a clean and fair confrontation and a legal disaster. Sometimes cases arise where preliminary injunctions or temporary restraining orders are necessary, and you need a business attorney with the proven track record to represent your interests aggressively.

Does Your Business Litigation Lawyer Have a Proven Track Record?

When it's your business at stake, you don't want to rely on just any business litigationlawyer. Look for experience specific to your situation and look for someone with a proven track record of success. Ask specifically if an attorney has experience in construction disputes, real estate transactions, franchising, stockholder disputes or whatever type of legal problem you face. Business law can be tremendously complex, so you need legal counsel that has demonstrated skill in cases like yours.

Hiring a Franchisee Attorney Is an Investment in Your Success

If you are a franchise owner, you may believe that you are in an unequal position when bargaining with your franchisor and in many cases you would be correct. Dealing with a franchisor effectively almost always requires legal guidance from franchisee lawyers with experience serving franchisees. A franchise attorney can help you with renewal of your franchise contract, transfer or sale of your business, relocation, and franchise default or termination.

If You Are Considering Buying a Franchise

In theory, owning a franchise is a great way to be your own boss and achieve financial success. In many cases this is true, but if you are considering buying a franchise, you want to go into it with all the facts you need. A franchisee lawyer can review your franchise disclosure document, help you negotiate your franchise agreement, review related agreements like software licenses, and help you negotiate your lease for your franchise location.

The Franchise Contract

You should never sign a franchise agreement without having it thoroughly evaluated by a franchise attorney. He or she can help you negotiate changes to terms that are unreasonably onerous to you, and can help you determine which state's laws govern any potential disputes in the future.

Wrongful Termination of a Franchise

Sometimes franchisors attempt to terminate a franchise agreement or refuse to renew it without a valid reason. Sometimes franchisors do this in order to take over the franchise location, and unfortunately, some franchisors engage in discrimination based on race, religion, or another illegal reason. Experienced franchisee lawyers can, in some cases, prevent franchisors from terminating a contract or refusing to renew it.

When Litigation Is a Possibility

Sometimes franchisors engage in activity that forces franchisees into business practices that cause the franchise to fail. The franchisor may encroach on the area around the franchisee's business until the franchise fails so that the franchisor can take it over. A franchisor may sell franchises only to collect the initial franchise fees, while knowing that the new franchise will most likely fail. This is illegal, and a good franchisee attorney can help you put a stop to it.

You Can't Afford Not to Work with a Franchisee Law Firm

If you're considering buying a franchise, you're making one of the biggest investments of your life. Maybe you don't feel like you can afford the rates charged by franchise law firms, but investing a little time and money up front can prevent major headaches later. If nothing else, you should work with a franchisee law firm to go over your Franchise Disclosure Document before you close the transaction.

Selling a Franchise

If you want to sell your franchise, you should talk with your franchise law firm beforehand. Your attorney will explain what you are required to disclose to potential buyers, interpret the terms of your franchise agreement concerning selling, and help you understand the risks involved in selling. Franchise law firms are also able to thoroughly check out any potential buyers and notify you if they have had legal troubles in the past.

Predatory Franchising and College Students

Predatory franchising is designed to sell franchises that will fail so that crooked franchisors can pocket fees and go on to the next victim. Believe it or not, some of these franchisors participate in college job fairs and target students, particularly in areas where summer jobs and part-time jobs are scarce. If you're a college student who has been contacted by a franchisor, you should speak with a franchise attorney before taking any action.

Problems With Franchise Renewals

If there is no explicit renewal provision in the franchise agreement, and when state or federal law cannot be used to imply that a right to renewal exists, you may be out of luck. Here's an example: in 2002, H&R Block franchisees sued H&R Block over Block selling tax services in franchisees' territories. Block countersued, seeking a court order to terminate franchisee agreements when existing franchise contracts expired, and won.

Franchises and Federal, State, and Common Law

Federal law and common law provide little to no protection in general to franchisees. State laws vary and can be interpreted in multiple ways. Work with a franchisee attorney before signing any franchise contract. He or she can spot potential risks before you find yourself stuck in an agreement that is detrimental to you.

When Should You Contact a Licensing Lawyer?

When you sell licensed products (such as a product with a sports team's logo on it), you generally have to pay an advance royalty as well as ongoing royalties. The advance royalty is a flat amount paid up front, and ongoing royalties are a percentage of your sales. An attorney can help you understand the royalty terms of a licensing contract before you commit yourself to the contract.

You Have Developed Intellectual Property from Federally Funded Research

If you invent a product arising from federally funded research, the 1980 Bayh-Dole law may apply. This law gives universities and other organizations intellectual property control over inventions and other types of intellectual property developed from federally funded research. This law gives preference to universities, businesses, and nonprofits over the federal government when pursuing patents.

You Are a Software Developer

If you are a software developer, you know how easy it is to pirate software and you want to protect yourself. You should contact a licensing lawyer early in the software development process to make sure that your rights as a software developer are protected at every stage. If you believe someone has stolen your intellectual property, you should contact a licensing attorney immediately.
You Are an Artist Who Believes Someone May Have Stolen Your Work

If you believe someone has stolen your written work, illegally reproduced a work of art you created, or used music you wrote without your permission, you need to speak with an attorney with experience in copyright law. Copyright law is designed to protect your intellectual property, and your lawyer can advise you as to how to pursue legal recourse.

You Are Creating a New Company Logo

If you are developing a new logo, it's a good idea to speak with a trademark lawyer before you go public with it. You're not allowed to create an image that is similar enough to an existing trademark to cause confusion. For example, you cannot create a logo consisting of a red background and white script that looks like the Coca-Cola logo for your product. Speak to a licensing attorney up front so that you can minimize the risk of trademark problems.

Franchisee Attorneys Start Your Franchise Experience off Right

Before You Purchase a Franchise Franchise law firms help people make sound franchise investments while helping them understand legal vulnerabilities that can arise with franchise ownership. If you work with a franchise attorney before purchasing your franchise, you have a much better chance of your franchise being successful. Franchise attorneys take a long view, helping clients foresee potential legal problems and head them off before they can occur. Regulatory, Business Plan, and Contract Review One of the most important things franchise lawyers do is performing a regulatory review of the franchisor. By learning about past or pending complaints against a franchisor, your franchise lawyer can help you choose a franchise wisely. By reviewing your business plan, your franchise attorney can point out vulnerabilities and potential legal problems. He or she will thoroughly review your franchise contract before you sign it and make sure you understand it. Funding, Costs, and Income Franchises can be terrific business opportunities, and franchise law firms can go over your funding, cost, and income projections to help you determine exactly how much money you need to get started and to understand the various methods of raising capital, whether it's borrowing from family, using savings, or selling off investments. Another great service provided by trusted franchisee attorneys is helping you calculate anticipated income realistically so there are fewer surprises down the road Risk-Benefit Assessment Franchise attorneys can help you find a competent accountant to prepare income and expense statements for your proposed franchise, using all financial data available. Experienced franchise lawyers can also provide general franchise guidance about common questions such as how long franchise terms last, what royalties are standard, and what kind of reputation the franchisor has if possible. Knowledge is power, and nowhere is this truer than when purchasing a franchise. Franchise Litigation Franchise litigation can sometimes be avoided by engaging competent legal help from the beginning, but when litigation occurs, an experienced franchise attorney is there to protect your rights by working to stop wrongful franchise terminations and determining whether you have grounds for suing your franchisor. If you're the defendant in a franchise lawsuit, he or she should aggressively defend your rights in court.

The Business Litigation Lawyer and Your Long Term Business Plan

Contact a Commercial Litigation Attorney Before You Have a Legal Problem Billions of dollars per year change hands due to business litigation disputes. When you run a business, you have to anticipate unforeseen circumstances, and one way to prepare yourself is to contact a business litigation lawyer before you have a legal problem. Whether you run a small professional business or a huge multinational corporation you're wise to have legal representation on your side so you'll be prepared if a legal problem arises. Breach of Contract Cases Breach of contract cases are exactly what they sound like: cases where someone has not lived up to the terms of a business contract. Every state has rules for contract interpretation, and your best approach to protecting your rights is engaging a competent, experienced commercial litigation attorney. Examples of contracts that may be breached include construction contracts, vendor agreements, partnership agreements, and real estate contracts. Franchise Litigation Franchise cases occur between franchisors and franchisees and often have to do with disclosure (or nondisclosure) of information under Federal Trade Commission franchise regulations. Franchise cases often focus on breaches of franchise agreements, trademark or copyright infringement, fraud, and sales of unregistered franchises. If you plan to purchase a franchise, having the guidance of a franchise attorney can save you a lot of legal headaches. Fraud and Misrepresentation Business professionals, business owners, and ordinary consumers may be victims of business fraud. Business fraud may involve fraud between multiple businesses, or it may involve a business-consumer relationship. Breach of warranty, investment fraud, partnership disputes, and real estate fraud are all examples of fraud and misrepresentation. You need competent legal representation to protect your rights whether you are a plaintiff or a defendant. Business Disputes Business disputes can often be solved without resorting to litigation. And when a lawsuit is filed, the case may well be resolved before going to trial. The key to navigating any type of business dispute is working with experienced, competent business litigators who know the law inside and out. Your business is a big part of your life, and you deserve the best possible representation in a business dispute.

Does a Small Business Need an Intellectual Property Lawyer?

Intellectual Property in the News Intellectual property is a subject that makes the news frequently these days. Whether it's Apple versus Samsung, or a case with a much lower profile, courtrooms are seeing an increase in intellectual property cases. The fact is business success today depends heavily on intellectual property, including branding and trademarks. If you're in business, you have a stake in intellectual property rights, whether you know it or not. Startup Businesses and Intellectual Property Many successful startups today are built on software innovations, but even if your new business isn't tech-related, you owe it to yourself and your investors to have an intellectual property lawyer review your business methods to determine whether any are patentable. There are time limits for filing patents, and the process can be expensive. However, in some cases obtaining a patent can be critical to your success. Speaking with an intellectual property attorney early in the life of your business can be a wise move. The "Useful, Concrete, and Tangible" Definition Before 1998, the U.S. Patent and Trademark Office didn't grant patents for business methods, but they do now. Today, with new online and software companies coming up with completely new ways of doing business, this is an important protection. Patent laws protect any method as long as the method creates a "useful, concrete, and tangible" result. An example of a patented business method would be Amazon's single-click ordering system. Costs of Patenting Business Methods The cost of obtaining a patent must be weighed against the benefits. While you can obtain a patent without an intellectual property attorney, the time and effort involved can be prohibitive for someone with a business to run. With a patent attorney, costs can run to several thousand dollars. However, speaking with an attorney is highly advisable if you think you have a business method to patent. Protecting Your Intellectual Property If you own a business built on your own intellectual property, it's important that you learn the value of things like non-disclosure agreements and methods to search out patent and copyright infringers. Working with a lawyer from the beginning is the best way to ensure that your intellectual property rights are protected.