In almost every business, even those closely held by families, disputes occur. The key considerations when disputes arise are how the issue will be resolved and how long will it take. The most important step that you can take if your business is involved in a dispute is to seek the guidance of an experienced Alabama business litigation attorney.
The lawyers at Morris, King & Hodge, P.C., handle commercial litigation involving businesses of all sizes in Alabama. We understand that running a successful business means keeping an eye on the bottom line and controlling expenses. We look for cost-effective remedies to end disputes without extended litigation. Attorney David Hodge was selected for inclusion in the 2015 and 2016 editions of The Best Lawyers in America in the practice area of commercial litigation. Best Lawyers in America is the oldest peer-review publication in the legal profession. Such recognition follows an exhaustive assessment based on professionalism, integrity and legal abilities.
Whatever size business you operate, you need an experienced attorney who knows the terrain of Alabama business and corporate law and can help you make well-founded decisions with the future of your business in mind.
What is Commercial Litigation?
A business’s most prized assets include its good name and reputation, its trademarks and its relations with business clients. If any of those assets are harmed or threatened by another party’s wrongful act, you need the guidance of an experienced business litigation lawyer to protect your interests.
Business litigation generally involves disagreements about the sale or lease of property, shareholder rights, contract disputes, bankruptcy and layoffs, the sale of goods and services, issues with an insurance company or commercial lender, lease agreements, disputes involving the lease or sale of property, partnership disputes, or construction disputes and injuries. When a contested issue reaches the stage where litigation is a real possibility, it is important to have a skilled Alabama commercial litigation attorney providing trusted counsel.
Types of Business Litigation
Breach of Contract — A failure to fulfill the terms of a contract agreed to by two or more parties may be the basis of litigation involving breach of contract.
Business Fraud — Some contract disputes may arise as a result of business fraud. You acted in good faith entering a contract for goods, services or property and have a right to expect honest treatment. If another individual or business misrepresented a material fact and you relied upon that information to enter a contract and your business was financially harmed, you may be a victim of business fraud.
Interference with a Contract — Businesses face competition. But if another individual or business illegally interfered with your contractual relations with a third party, a lawsuit based on tortuous interference may allow you to recover monetary damages for the harm your business sustained. A valid contract must be in existence, and there must be an intentional breach.
Breach of Fiduciary Responsibility — A fiduciary duty is a legal obligation to act in the best interest of another party. A fiduciary includes relations such a trustee, corporate board member, corporate officer, or administrator. A corporate board member has a special duty to act in the best interest of company shareholders. A breach of that legal obligation represents a violation of fiduciary responsibility.
Deceptive Trade Practices — Deceptive trade practices take many forms including the provision of goods and services, consumer transactions, and commerce. Alabama and federal laws prohibit deceptive practices that result in misleading the recipients of goods or services. False representation of the characteristics, benefits or certification of a good or services constitutes a deceptive trade practice.
Trademark Infringement — A company relies on its trademarks to distinguish its products and services from those of competitors. Trademarks are a valuable asset. Trademark infringement involves the unauthorized use or appropriation of a trademark in connection with goods and services that is likely to create confusion or deception about the source of the goods. Business litigation over trademark infringement may provide monetary relief for damage as well as an injunction against further unauthorized use of the trademark.
Shareholder Rights – Shareholders at times find themselves at odds with majority ownership or need advice on enforcing shareholder rights.
Insurance Disputes – Businesses rely on insurance coverage when losses occur. If an insurance company refuses to honor its agreement the only recourse a business has is the court system. Unfortunately, businesses often have to pursue bad faith and breach of contract claims to obtain coverage.
How Do You Know if You Have a Case?
Each business owner faces unique issues in the course of competing in the marketplace and running a business. When a dispute arises, you may be uncertain of all the legal remedies available to settle the issue. Commercial or business litigation generally seeks financial compensation for damages or seeks performance of specific steps to fulfill a contractual obligation or fiduciary duty.
Business litigation attorney David Hodge will analyze the situation that your business is facing, what your damages are and whether those damages can be proven. Based on the specific facts at issue, he will develop a strategy to pursue a resolution. We do our best to avoid prolonged litigation and rely on our negotiating skills to achieve cost-effective solutions outside the courtroom that fulfill our business clients’ needs. Mr. Hodge brings years of business litigation experience and a record of outstanding results to every commercial matter he handles. Mr. Hodge has recovered approximately $40,000,000 through verdicts and settlements for Alabama businesses. Alabama juries have awarded Mr. Hodge’s business clients over $20,000,000 in verdicts alone.
Contact a Huntsville Alabama Business Litigation Attorney
The attorneys of Morris, King & Hodge, P.C., understand that a healthy business environment and fair competition are vital to Alabama’s economy. We have extensive experience assisting businesses and handling complex commercial litigation in Huntsville and throughout Alabama. Our attorneys take pride in the legal service we provide and our record of results speaks for itself.
We have the knowledge and experience to investigate business disputes and advise your company of the options for advancing your business objectives while safeguarding your interests. Many issues can be settled through mediation or negotiation. But our attorneys have proven trial experience and are confident in our litigation skills should it be necessary to take a case into court.
If the future of your business is at stake, trust experience. Trust Morris, King & Hodge, P.C.
To speak with a commercial litigation attorney, call us today and schedule an appointment.