Business or Contract Disputes
New Jersey Business and Commercial Litigation Attorneys
The businesses people own, deal with, operate and sometimes get into serious disputes with are always in a legal form you probably know well: they are corporations, partnerships, limited liability companies, or sole proprietorships. The ground rules for each may differ, but whatever their form there is always the potential for disagreement among individuals, such as stockholders, or other business owners or members, associates, managers or officers. Such disagreements may relate to profit share, responsibility for losses, claims of mismanagement, negotiated severance or buy-outs, or even so-called “freeze outs,” where one person or group attempts to eliminate another’s ownership or control involuntarily .
Such situations often end in court or in arbitration. Our decades of experience can make the difference in achieving the outcome you rightly and justifiably seek, whether it is to rid yourself or your company of an unproductive absentee owner “dead weight,” or to protect yourself from overreaching by fellow shareholders or from officers who are disloyal and you believe violate their fiduciary obligations to you or others, or who threaten you or your company with such claims , with or without good cause .
Business disputes are often not “within the family,” but rather are with other businesses, customers, employees, or consumers. Such business disputes are often governed by existing contracts, but they may also involve general legal issues of unfair competition, negligence, discrimination, “whistleblower” claims or even fraud , whether or not a contract spells out the parties' responsibilities. Whatever the situation, our decades of courtroom experience in state and federal courts offer a practical advantage to us and to you in achieving your goals, whether as a claimant or in defending against unjustified claims against you or your company. A review of the published judicial opinions in cases we have handled in the past, going back to the 1970s, demonstrates the proverbial “tip of the iceberg” regarding the diverse kinds of significant business and commercial cases we have handled successfully, some having changed New Jersey’s law. Many of the cases we have handled involved multi-million dollar damage awards and contract values.
Many problems can be avoided through careful planning and implementation, such as through the use of shareholders’ agreements, often known as “Buy-Sell Agreements,” with provisions for fair valuation of ownership interests, provisions against unfair competition by partners, shareholders, or employees following separation, provisions for protecting trade secrets, and compensation packages, to name just a few of many issues that should be dealt in advance with through planning, negotiation and careful drafting of agreements.
Whatever stage your legal concerns may be at, from planning to negotiating to litigating, consultation with experienced counsel is a good beginning. Call for an appointment to discuss your situation in detail.