Northern California Business Litigation Attorneys

Business and commercial litigation impact businesses on a wide range of issues. At the law office of Peterson, Martin & Reynolds LLP, our skilled business litigation attorneys have experience representing small and medium-sized businesses and individuals involved in complex business disputes.

When you choose our law firm, we’ll use our extensive knowledge of business and contract law to protect your best interests and advocate for you. Reach out to us today to learn more about how our firm can help your business meet its goals when involved in a business dispute.

Understanding Business Litigation

Commercial and business transactions can lead to disputes. Disputes can be resolved in a variety of ways, including alternative dispute resolution (ADR) methods such as negotiation, mediation, and non-binding arbitration. Our attorneys have extensive experience in negotiating dispute settlements in a wide variety of ADR forums.

When alternative dispute resolution methods fail, litigation is the next step. Litigation is the process of presenting and arguing a case before a court or, where the parties are contractually bound, to an arbitrator in binding-arbitration matters.

While litigation sometimes feels inevitable, most businesses prioritize resolving disputes out of court to save time, money, and public attention. If business litigation is necessary for your company, representation from a skilled business litigation attorney will be essential.

Common Sources of Business Litigation

Some sources of business litigation involve internal disputes, whereas others involve external stakeholders, customers, businesses, or vendors. Our lawyers are well-versed in the various types of business litigation and can provide your business with the knowledgeable representation that it deserves. Common sources of business litigation include:

• Breach of contract. One of the most common sources of litigation is a breach of contract. This type of dispute arises when one party violates the terms of an executed contract. The type of contract may be for the purchase and sale of a business, a partnership or joint-venture contract, a vendor or supplier contract, a license agreement, etc. If the dispute cannot be resolved, litigation may follow.
• Investment fraud. Investment fraud refers to deceptive practices whereby investors are induced to purchase or sell investments after being exposed to false information. Concealment of adverse financial records in the sale of businesses or other assets, misrepresenting material facts to business customers, partners and clients, elder financial fraud, falsifying transaction documents and more are all examples of common types of investment fraud. In addition to criminal consequences, investment fraud can lead to litigation.
• Breach of fiduciary duty. Fiduciary duty refers to a legal and ethical obligation between parties where one party is compelled to act with the other’s best interests in mind. The relationship can exist between business partners, and specific professional relationship types, such as between a lawyer and a client. If a fiduciary has a conflict of interest, engages in behavior that is self-serving, misappropriates funds, or engages in otherwise illegal or unethical behavior, it could lead to litigation based on a breach of fiduciary duty.
• Intellectual property disputes. Trademarks, copyrights, and trade secrets, are all examples of intellectual property. Intellectual property litigation deals directly with these areas of law. Infringement of intellectual property rights can lead to litigation.
• More. In addition to the above common sources of disputes in business that can lead to litigation, other reasons for disputes include:
  • Contract enforcement
  • Commercial sales
  • Warranties
  • Unfair competition
  • False advertising
  • Legal malpractice
  • Deceptive trade practices
  • Insurance and insurance coverage

Elements of the Business Litigation Process

Business litigation can be complex, and the stakes are often high. For businesses involved in disputes, litigation may mean unbudgeted costs and financial risk, significant time commitment and business distraction, reputational risk, public scrutiny, and unpredictable outcomes.

Depending upon the details of the case, the business litigation process may include a series of initial pleadings, interim motions and court hearings, discovery involving large volumes of documents and depositions of the parties, witnesses and experts, mediation sessions, and depending on the case, either an evidentiary arbitration hearing or a court or jury trial.

The process can typically take one to two years. In some cases, the trial results may be appealed, drawing out the case even longer. Because of the high risks to a business involved in litigation, working with a skilled business litigation attorney is a necessity.

A skilled business litigation lawyer will conduct a thorough analysis of your case, advise you on your options, and answer questions about the pros and cons of litigation. He or she will explore with you the possibility of resolving the case through alternative dispute resolution methods to avoid as much as possible the lengthy and expensive litigation process.

About Peterson, Martin & Reynolds LLP

At Peterson, Martin & Reynolds LLP, we are highly skilled and effective advocates for small- and medium-sized businesses. We know what the stakes are for your business, and are able to provide aggressive, successful legal representation thanks to our extensive knowledge of business and contract law, years of experience, and passion for our work. Our law firm was founded in 1997 and our lawyers have decades of combined legal experience, including jury and court trial experience in both California state and U.S. federal courts.

Schedule a Consultation with Our Northern California Business Litigation Lawyers Today

If your business is involved in a legal dispute, seeking legal representation as soon as possible is in your best interests. The earlier that you bring our law firm in, the earlier we can begin assessing the situation, work with you on dispute resolution options, gather evidence, and build your case. We pride ourselves on our strategic thinking and planning.

We know that the best strategy for resolution for your case could be a quick, out-of-court settlement, or, depending on the case, it could be aggressively proceeding against the other side by promptly filing the matter in court. Whichever approach we collectively decide with you, our primary goal will be to protect your business interests.

To learn more about our law firm and how our business litigation lawyers can help, please call us directly at 415-399-2900, visit our law office in person, or send us an email at info@pmrlegal.com. We have offices in San Francisco, Oakland, and Lafayette, California.