Our highly skilled business and commercial litigation attorneys offer experienced legal representation for all your legal needs.
Some of our recent commercial and business litigation cases and clients include:
- Kool Smiles
- Massachusetts Gas Explosion
- Durango 416 Fire
- Bet the Company Litigation
- Breach of Fiduciary Duty
- Business Breakups
- Collections
- Contract Disputes
- Corporate Partnerships and LLC Disputes
- Financial, Security and Investment Disputes
- Insurance Bad Faith
- Product Liability
- Real Estate and Land Use Litigation
- Special Districts Litigation
- Whistleblowers/Qui Tam Lawsuits
What Is Business and Commercial Law?
Business law falls under the jurisdiction of both state and federal laws, with a foundation built on federal laws concerning stocks, investments, workplace safety, employment laws, and the environment. States can build on top of that foundation with licensing requirements and regulations for starting and running companies.
The Uniform Commercial Code (UCC) is a set of laws that govern commercial transactions, and the UCC bears the bulk of the responsibility for regulating commercial law in the United States. The UCC was introduced in 1952, and every state has adopted at least some part of the UCC.
When Do You Need a Business Attorney?
For a business owner, it may be tempting to negotiate a merger on your own without the assistance of a commercial litigation attorney. However, there are many circumstances where you may benefit from legal help, such as:
- If you are a homeowner fighting against a major manufacturer, you are already at a distinct legal disadvantage.
- If you are about to retire and you have discovered your retirement savings are gone, you need a lawyer, not another broker.
- When it comes to the complex rules and regulations wrapped into business and commercial law, you need all the assistance you can get.
Negotiating Disputes, Managing Separations
Breaking up is hard to do, especially for businesses. It can be incredibly complicated and emotionally charged, which is why enlisting the services of a business litigation attorney can help to smoothly resolve matters. The input and advice of objective, experienced counsel can prevent lengthy – and costly – litigation that frequently concludes with unhappy parties on both sides. Working with a commercial attorney may lead to a more productive, reasonable resolution.
Disagreements between joint business owners – whether they are simply partners, fellow members of a limited liability corporation or shareholders of a larger entity – can include differences over operating responsibilities, the division of assets and/or liabilities, possession of intellectual property, questions over non-compete stipulations, future ownership and management after the partnership’s dissolution, and more. Our national business and commercial litigation lawyers can protect your interests, walk you through existing contracts, obligations, and liabilities and ensure your compliance with the legal and regulatory dissolution requirements.
Dispute resolution that avoids expensive litigation is almost always preferable, but it is not always the most practical solution. Because Burg Simpson’s commercial litigation lawyers are nationally recognized and respected as experienced trial and arbitration attorneys, they bring that reputation and knowledge to your negotiations so that you can resolve disputes before they ever reach the courtroom, if at all possible. But when negotiations hit an impasse or for any reason the business termination escalates to the point of litigation, Burg Simpson’s veterans dispute resolution business litigation attorneys will fight on your behalf in the courtroom.
Fighting Fraud
As far as the law is concerned, there are two categories of fraud:
Business Fraud: An intentional misrepresentation of important facts, or failure to disclose those facts, causing another party to rely on and change their position to their detriment. Elements of business fraud include:
- False representation of fact made by a person or corporation
- Knowledge that the representation was false when it was made
- An intention to get or induce the plaintiff to act (or refrain from acting) in reliance on the representation
- Damage occurred to the plaintiff as a result of the reliance
Consumer Fraud: This occurs when, in the context of a business transaction, false statements of fact are made, the person or corporation making false statements knew they were false at the time, and that the other party relief on those statements to their detriment. This kind of fraud certainly may require the expertise of a commercial litigation attorney to assist.
Examples of consumer fraud include:
- Insurance fraud
- Mail fraud
- Charity fraud
- Digital fraud
- Creditor fraud
- Mortgage fraud
- Telemarketing fraud
- Investment fraud
- Disaster fraud
- Identity theft
Fraud has become all too common in today’s society. The media reports on stories of identity theft, credit card fraud, and investment scams all the time. If you need a strong courtroom advocate in a financial or investment dispute, the business litigation attorneys at Burg Simpson can help. Call us today to schedule a consultation with on of our experience trial lawyers.
If You Are Having Business Litigation Issues
Burg Simpson’s corporate attorneys are nationally recognized and deal with a wide range of business and commercial litigation matters. Our experienced business litigation attorneys are eager to help, whether you are a C-corporation, a limited partnership, an S-corp, a sole proprietorship, a family business, or just an individual with any issue related to business law. We are here to provide the legal help you deserve with a highly involved, experienced lawyer.
Call us right now to get assistance from the experienced trial lawyers at Burg Simpson. We are able to evaluate your case and advise you on the best course of action for your legal matter.
