Most commercial transactions are carried out within a contract or agreement when dealing with this vital asset. Examples are a binding letter of intent, an executed contract, or a signed memorandum. Contracts define the parties' rights and duties, and violating them can result in significant repercussions.
Employment contracts, for example, specify the terms and conditions of the job and may include clauses (such as a non-compete clause) that apply long after the employment relationship has ended.
A contract is breached when one of the parties fails to fulfill their commitments under the agreement. When this happens, the person that has been affected as a result of the breach must explore all possibilities, including a lawsuit. GK Law PLLC's Houston business litigation attorneys have years of experience effectively litigating commercial conflicts.
GK Law PLLC has handled a wide range of business issues, including real estate, the procurement of products and services, partnership termination or dissolution, insurance, and employment contracts.
Filing lawsuits and defending oneself against litigation remain a reality in today's highly competitive corporate climate. A contract violation may cost your organization money significantly if your business activities are disrupted. A lawsuit for breach of contract brought against you, on the other hand, can have substantial professional ramifications.
If your company has to defend itself against a lawsuit, or if you suspect another party has undermined an agreement or committed fraud, you need our Houston business litigation attorneys. We have the experience, capacity, and legal firepower to safeguard your business.
GK Law PLLC is a commercial litigation law practice situated in Houston with decades of expertise. Our clientele varies from small and medium-sized businesses to publicly listed global corporations.
Here are some of the most typical types of business litigation we handle regularly, as well as how timely and expert legal assistance from our Houston business litigation attorneys may help:
Contract lawsuits appear simple at first - one party claims the other failed to satisfy a duty, resulting in a loss – but they may rapidly get convoluted, especially when the contract is vague or there are counterclaims. As business litigation attorneys who have represented both plaintiffs and defendants in various breaches of contract cases, we recognize what it takes to win a breach of contract case.
Business torts refer to wrongdoings that cause (or are likely to create) damage to your company's interests. This might include things like lost commercial connections or prospects, lost clients, reputational damage, etc. Our experienced business litigation attorneys can assist you in pursuing legal action to safeguard your company if a person performs unlawful conduct against it.
Our creditors' rights lawyers will fight for your rights vigorously, guiding you through the complexities of bankruptcy law to seek all possible remedies to collect debts or defend against preferential transfer claims.
Construction projects are fertile for disagreements because so many people are involved and so many moving pieces. Let us help you construct an expert case to support your claim and safeguard your interests if your project has gone astray owing to another's breach of contract - or if you're fighting against such a claim.
Winding down a company, whether due to disagreements, the death of a partner, or voluntary leave, entails paying outstanding liabilities, disposing of assets, and notifying the Secretary of State of the dissolution. As you go forward, our experienced business litigation attorneys can assist you in taking the proper legal procedures to preserve your credit, personal assets as well as reputation.
Fraud and misrepresentation lawsuits allege one party purposefully deceived the other, who then profited from the deceit to their harm. In contrast to contract disputes, fraud and misrepresentation claims are "torts" that can result in punitive and other exemplary penalties and a criminal component in some situations. We'll work with you to make sure you collect the compensation you deserve if a person or entity's fraudulent conduct affects your business.
As a business owner, your intellectual property is priceless, providing you with a competitive advantage that makes your company profitable. We'll assist you in pursuing the required legal procedures to defend your livelihood if someone infringes on your intellectual property or steals protected trade secrets. We may also help you protect yourself against charges of intellectual property violation.
Your insurer will usually assign an attorney to evaluate it when you make a claim. Avoid mistaking your insurer's counsel for your own. That lawyer is there to safeguard the insurer's interests, not yours. Our Houston business litigation attorneys can defend your interests during all visits and talks with insurance personnel, assisting you in avoiding exclusions and other coverage concerns while working toward a successful claim.
When employees quit a company, they may be bound by a contract forbidding the recruitment of previous employer's clients or compete for a set amount of time or in a specific geographic region. The agreement,whether it has been implemented clearly and consistently, represents factors in the enforceability of such commitments. Here at GK Law, our experienced business litigation attorneys may review your non-solicitation or non-compete agreements to assist you in pursuing or defending claims.
Litigation may be controversial and distracting when business partners, shareholders, members, and other participants in a company disagree about business choices, asset distributions, and other internal corporate operational and governance concerns. Our skilled business litigation attorneys can assist you in proactively resolving such issues while preserving the company's sustainability.
When you rely on suppliers to deliver your products or services to market, any interruption to that supply chain may be untoward, causing missed deadlines and reputational harm. On the other hand, suppliers may be harmed if there are disagreements over payment, supplied supplies, or performance. Our business litigation attorneys may examine the contract in question and seek all possible remedies to make you whole.
Under business litigation law, disputes arising out of non-criminal business and commercial transactions are dealt with. For instance, business litigation may involve the following kinds of issues:
Every day, contracts and agreements are made. As a result, contract disagreements may emerge at any time.. Contracts should be well-written to provide for breach-related remedies. When there are contract issues, the breach clauses take precedence in terms of responsibility, mediation, arbitration, legal jurisdiction, etc. Not all contract issues, however, may be readily resolved.
Business fraud is committed through deceit or misrepresentation by claiming or omitting something. Furthermore, fraud can take many forms, including commercial fraud, employee fraud, fraud in the purchase or sale of products or services, and various other circumstances.Â
Fraud disputes can involve elements from various legal fields, with that, firms would need a broad range of legal expertise to protect themselves from the threat of fraud. Our experienced business litigation attorneys, on the other hand, can assist businesses in developing customized preventive measures.
Typically, claims of a person, frequently a professional, breaching a fiduciary obligation to others result in a violation of a fiduciary duty lawsuit. Fiduciary responsibility entails a high level of care and dedication. As a result, a fiduciary establishes a legal or ethical trust relationship. Thus,analyzing complicated business conflicts stemming from the violation of fiduciary responsibility requires business acumen and business litigation knowledge.
Fiduciary obligations can emerge in a variety of situations, according to Texas law. As a result, claims for fraud and other commercial torts are frequently included in breach of fiduciary responsibility proceedings. Such claims should be handled as soon as possible with our experienced litigation attorneys who are familiar with fiduciary responsibility issues and have a thorough grasp of business litigation law.
Litigation is frequently fast-paced, and requests for rapid remedies, such as temporary restraining orders, interim or preliminary injunctions, accelerated discovery, and other pre-judgment remedies, are commonly made. To minimize damages, businesses should seek counsel with expertise and an appreciation of the urgency and relevance of such demands.
Non-compete agreements are contracts in which workers promise not to compete with their company for a prescribed period. The number of non-compete lawsuits concerning those contracts has risen recently. Non-compete clauses can range from not soliciting business from a former employer's clients to not releasing proprietary information.
Non-compete agreements are frequently the subject of fast-moving litigation, which may involve requests for urgent relief. A non-compete lawsuit has its own set of problems for a company. As a result, business litigation tactics must be developed before non-compete litigation may begin.
A wide range of intellectual property rights might be involved in intellectual property disputes. Intellectual property rights protect original creative expressions. The following are the main types of intellectual property:
A dispute about insurance coverage arises when a provider refuses to cover a claim owing to non-coverage, violation, or misunderstanding of the coverage or policy.
There are many different forms of insurance and coverage. The following is a small example of the types of insurance businesses seek:
Typically, businesses do not examine the language of a policy until after a coverage issue occurs. Differences in interpretation, ambiguity, burdens of proof, and other difficulties can lead to disagreements. As a result, business owners should consult with one of our experienced business litigation attorneys when a coverage issue arises.
Business litigation law can emerge in various situations, encompassing a wide range of legal concerns. Furthermore, corporate lawsuits may occur in any industry. As a result, organizations and people that anticipate becoming involved in business litigation should consult with one of our experienced business litigation attorneys.
"I'm going to sue you!", most individuals say when they have a business problem or conflict. In reality, business litigation is divided into several stages. There are a variety of other legal measures that may be taken to address the legal issue, and you can choose one depending on your attorney's advice. Lawsuits are costly and time-consuming, and you should be aware that there are alternatives and techniques for dealing with legal issues.
As a client, you will be kept informed and educated on the legal phases your case will go through and all of the alternatives available to you throughout the business litigation process. Our competent business litigation attorneys, on the other hand, will be able to assist and advise you.
Our business litigation attorneys will develop and deliver a demand package as the initial step. We're trying to persuade the other party to negotiate with us.
If it doesn't work, we'll file a lawsuit. Filing a complaint is the first step in pursuing a case, after which the opposing party must prepare and file a response. This may be a stressful moment for you, but you can be certain that when you're dealing with one of our capable business litigation attorneys who is experienced, and knowledgeable in law, you will get the compensation you deserve.
That's called the pleading stage of mediation. The parties' essential viewpoints are stated in pleadings and official documents submitted to the court. The complaint, reply, counterclaim, and answer are common pre-trial pleadings.
The discovery stage is the next major step in the lawsuit process. During this stage, the parties exchange information so that everyone is aware of what evidence will be admissible. In court, discovery prevents ambushes and surprises.
The following stage is the motion for summary judgment's dispositive motion stage when parties can file motions with the court to win the litigation or a portion of it.
The trial is when the parties present all of their evidence to the judge or jury, who then delivers a decision one way or the other.
Whether you want to sell crafts out of your garage on weekends or build a multibillion-dollar firm, there are a few guidelines that every business owner should follow to prevent unnecessary lawsuits.
Litigation is time-consuming, stressful, and distracting, not to mention costly and harmful to a company's reputation. Frequently, the expense of defending a lawsuit exceeds the amount in dispute.
Just because a sole proprietor or general partnership can open its doors to incoming business on the first day does not imply it should. Sole proprietors and partners can protect themselves from the firm's responsibilities by incorporating a limited liability corporation (LLC) or a limited liability partnership (LLP).
Although it appears straightforward, many businesses fail because they did not complete their study. If they are not licensed professionals, do not rely on friends or family members to advise you on the "Do's and Don'ts" of business.
If you want to do business across state or international boundaries, you'll need to study more because taxes, customs, and laws differ depending on the location.
Gone are the days when conducting business through the internet was similar to the wild west in the early 1990s. Internet compliance rules exist and are enforced against unethical online business practices.
Furthermore, according to recent court precedent, publicly accessible websites must comply with the Americans with Impairments Act (ADA), which mandates that public places, such as websites and other software applications, be accessible to people with disabilities. Speak with our business attorney right away if you've been presented with an ADA website compliance complaint.
Be mindful of your continued, active engagement in certain types of boards, memberships, councils, or groups now that you are a company owner since they all can potentially create a conflict of interest with your business, whether intended or not.
If your business is a "side-hustle" outside of your regular 9 to 5 job, consider whether running a business in your spare time violates your employment agreement or employee handbook. While this sort of disagreement may not result in legal action, it may result in your contract termination.
The only way to ensure that agreements with employees, clients, or vendors are legally binding is to put them in writing.
Important terms and conditions, the course of action and performance between the parties, required levels of communication, alternative conflict remedies, damages in the case of a breach by either party, and much more may be included in well-drafted agreements. Simple forms, such as order confirmations, are available for free online.
Investor agreements, purchase agreements, indemnity agreements, employment agreements, employee handbooks, independent contractor agreements, non-compete agreements, non-disclosure agreements, bills of sale, security agreements, franchise agreements, stock purchase agreements, and equipment or property leases should all be created, or at the very least reviewed, by one of our skilled business litigation attorneys.
While we're all guilty of failing to read the "terms and services agreement" for every product we buy in our lives, carefully reading and understanding each company's contract and agreement might be the difference between success and failure.
In the case of a future disagreement, regardless of how one-sided the agreement's provisions look, the terms of the agreement between the parties will govern. Unless a party can establish otherwise, the law assumes that the terms of the agreement were negotiated correctly and agreed to.
Failure to read an agreement carefully might bind you to provisions you never intended to accept.
Why would you not insure your business if you have insurance for everything else in your life that involves risk? While prices might be avoided initially, insurance is not something you want to neglect.
Company insurance plans may be customized to meet your unique business needs, including coverage for out-of-court settlements to avoid going to court.
Most company records are stored digitally or via a cloud-based storage solution. Make it a practice to protect your computers with the same care you would physical copies. Computers are the lifeblood and most precise business asset for many businesses.
Do not waste valuable time and money attempting to repair a computer virus or problem. Even worse, if personal data is lost or stolen due to a cyber-security incident. In the case of a computer-related problem, use antivirus software and backup your information to a safe cloud-based storage.
How long would your company be able to function if you were to become incapacitated? Do you have plans in place for the future of your company? Is there anyone in your family or among your workers who are trained and competent to run the firm in your absence?
If you don't want your company to go out of business while you're away, these are all things to consider. Having effective business succession plans in place helps to avoid needless future litigation between potential business heirs.
Most firms wait until it is too late to seek counsel's guidance and assistance. Take advantage of resources and available professional services near you. Our experienced business litigation attorneys can assist your company with formation, taxation, internet market, and compliance difficulties, and help your company avoid a lawsuit in the future.Â
Many severe business disputes may have been avoided if adequate representation had been provided from the start, saving substantial money, aggravation, headaches, and time. Aside from getting you out of trouble, our experienced business litigation attorneys can also help you with day-to-day business operations.
Many people are prepared to commit in exchange for the freedom and pride of ownership that comes with owning a business. When business issues emerge, the company you've worked so hard to build is put in jeopardy. In short, there's a lot on the line. That is why you need a business litigation attorney on your side who understands the ins and outs of the process.
You will be greeted with kindness and compassion when you call GK Law PLLC. Our team of experienced business litigation attorneys recognizes that you face a difficult circumstance, and we work hard to make you feel at ease and assured. When you engage us, you will have the following advantages:
We recognize the importance of your company. You've put a lot of effort and money into creating your company, and it's important to secure those investments. GK Law PLLC can assist you in minimizing the impact of a business disagreement on your company.
The majority of business owners put their assets into the company. As a result, a company disagreement or collapse might significantly impact your assets. At GK Law PLLC, we recognize that operating a business is more than just "business". It permeates almost every element of your existence. Our business litigation attorneys will work hard to protect your assets while resolving a business dispute so that you and your family may preserve financial security.
Two or more people with conflicting perspectives or serious arguments are frequently involved in business disputes. Our business litigation attorneys at GK Law PLLC are adept negotiators. Any relevant parties will be contacted, and we will negotiate a beneficial conclusion that all parties can agree on.
If your dispute cannot be resolved via discussions, the next step is to take your case to trial. When you engage with GK Law PLLC, you get a lawyer experienced in both mediation and trial practice. Our business litigation attorneys are well-versed in the courtroom and know how to produce outcomes.
At GK Law PLLC, we believe that collaboration is the most successful approach to commercial litigation. We place a high value on the attorney-client relationship. We want our clients to be informed and involved throughout the business litigation process. Our business litigation attorneys would never keep you in the dark regarding your case.
As Houston business litigation attorneys, we recognize that the courtroom isn't always the best place to find a solution for each client. We advise customers to engage in informal discussion or alternative conflict resolution, such as arbitration or mediation.
However, if we believe it is the best course of action, we are always willing to take a risk and take the matter to trial before a judge or jury.
Litigation in the business world necessitates planned and successful legal methods. There is no opponent too large for the devoted Houston business litigation attorneys of GK Law PLLC. Our legal staff is dedicated to each case and pursues it with competence and persistence but without the overhead of extensive practice.
Every case is different for our legal team at GK Law PLLC, and there is no one-size-fits-all answer. We have experienced business litigation attorneys who will collaborate closely with our clients to get the best possible results. Call us immediately to book a consultation to discuss your case if you are involved in a business dispute or commercial lawsuit.
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