To run a successful business it’s likely you’ll need to be prepared to resolve disputes quickly while protecting your interests and rights. Disputes can arise for a number of reasons and can negatively impact your business if they’re not taken care of in the proper manner. Our Charleston commercial litigation lawyers have years of experience representing businesses in Charleston and the surrounding communities.
DiPiero Simmons McGinley & Bastress, PLLC has recovered millions in compensation for our commercial litigation clients in Charleston and all over the state. Our attorneys have successfully handled cases involving the following:
- Securities or stockbroker fraud
- Shareholder claims
- Partnership disputes
- Breach of contract cases
- Contract disputes
- Lender liability
- Bad faith insurance claims
- Business torts
- Contractor disputes
- Consumer law cases
- Environmental damages claims related to the coal mining industry
- Business fraud
Even if your legal matter does not fall into one of the categories above, we can assist you with your case.
Understanding Commercial Litigation
Commercial litigation, or commercial law, involves almost every type of dispute that arises within the context of business. This can occur from state and federal courts to private business arbitrations and administrative hearings. Generally, the proceedings involve business-to-business disputes.
It’s important to understand your own motivations and outlooks, as well as those of the other side when entering into official commercial litigation. This can help you build a strong case, so you reach the outcome you deserve. The stakes are often high with these types of cases and can become increasingly difficult depending on how many parties are involved and how many discoveries are made as the case progresses.
When hiring an attorney, you’ll want to find one who is efficient, creative, and of sound judgment. A law firm will help you develop and implement a unique legal approach based on your situation. These cases are often incredibly complex and can take a significant amount of time to settle. A successful case is typically driven by a strong client relationship, practical management skills, strong leadership, personal commitment, and deep experience.
Common Business Disputes
There are a number of disputes that could arise that fit under commercial law. Our attorneys represent clients in all types of businesses. The most common disputes include:
- Insurance Claim Disputes. When an insurance company goes against their policy and the policyholder suffers damages as a result, they are acting in bad faith. Insurance companies have a legal responsibility to their clients to follow through with agreements and abide by what the policies say. If they try to get away with not doing this, they can be held accountable.
- Sales and Purchasing Agreements. Sometimes, contracts are breached with regard to buying and selling agreements. When this happens, we do what it takes to find a cost-effective resolution that keeps our clients out of court and protects their bottom line.
- Corporate Disputes. These often involve acquisitions, mergers, and business divorce. While some of these cases are held in court, many contracts now require companies to first try arbitration or mediation prior to entering the courtroom. Arbitration involves both parties coming before a voluntary third party. This is a formal process that results in a binding decision. Mediation allows one party to disagree with the settlement and take the case to court.
- Breach of Contract. When a contract is signed, both parties are agreeing to certain obligations for some sort of exchange. When one party goes against what they’ve signed, the contract has been breached. This may be excusable if the contract is void. This can happen if one party lacked the mental capacity to make the contract, one party was under duress during the sign, one party was a minor, the purpose of the contract was illegal, or the contract changed.
- Tortious Interference. This occurs when a third party knowingly interferes with a contract to cause a breach that results in damages to one of both parties. Interference could happen through encouragement, threats, or coercion. This, for example, could happen when an employee under a non-compete clause breaches their contract to work with another company.
- Construction Defects. Some cases involve property owners and building contractors who are disputing over design and construction flaws. A property owner may feel as though the contractor did not follow through with their agreement or did poor work. Issues revolving around payment and collections are also common.
- Commercial Real Estate Lease Agreements. Property owners, developers, landlords, and tenants could find themselves dealing with a commercial law issue. Disputes often revolve around fee and tax calculations, continuous operations clauses, relocation clauses, exclusivity provisions, termination agreements, premises liability, and security matters.
- Warranty and Guarantee Litigation. A warranty is usually a written promise for a product. It tends to hold the maker of the product responsible in the event something is defective. A guarantee is the promise included in a formal warranty. Litigation is often necessary when a purchaser is seeking compensation for business fraud or contract breaches related to warranties and agreements.
- Partnership Disputes. Partnership disputes happen for a number of reasons when two people own a business together and work together. Some of the most common causes of these disputes include a breach of fiduciary duty, a failure to delineate authority, disputes over how resources should be used, or a failure to fairly distribute workloads.
- Stocker Broker Fraud. Also referred to as securities fraud, this occurs when investors make purchases or sale decisions based on false information provided by a stockbroker. Those decisions can result in significant losses.
How You Can Benefit from Hiring a Commercial Litigator
A commercial litigator is versed in transactions, financial matters, economic and legal disputes, and litigation. They are dedicated to assisting with business transactions and ensuring that arrangements and deals are valid and legal. Many of their tasks often take place outside of the courtroom when they are drafting and analyzing contracts’ terms of agreements by creating nondisclosure agreements, changing conditions in contracts with companies, or examining legal documents for loopholes.
When a company has been wronged and litigation is necessary, the attorney will be responsible for filing motions in the courtroom and seeking action. No matter what the case, it’s the goal of a commercial litigator to protect and assist in the best interests of the business they work for.
Speak with Our Law Firm Today
If your company has a number of legal needs, you can benefit from hiring our attorneys. We often represent small businesses that have been harmed by much larger companies. Through our contingency fee arrangement, we are able to level the playing field between individuals and small businesses and the large companies who harmed them.
Under the contingency fee arrangement, you don’t have to pay us anything up front for our legal services. If we are successful, our fee will be a percentage of the jury award or settlement we obtain for you. If we are not successful in obtaining compensation for you, you will owe us nothing. We can also handle commercial litigation cases on an hourly or other basis. We defend commercial cases as well.
Our track record speaks for itself. Our lawyers have obtained some of the largest jury awards and settlements in West Virginia. For more information on how we can help your business, contact us today.