Boston Business Litigation

From high tech startups to the simplest mom and pop enterprise, business people inevitably require legal assistance especially when disputes arise. Businesses are sued all the time over non-performance of services, failure to pay the contractual price, failure to comply with a nondisclosure agreement, or because a product caused an injury or did not perform as advertised. When disputes do arise, business people look to business litigation lawyers for assistance.

Business Litigation Case Experience

  • Business Contract LawyerPartnership disputes
  • Breach of contract
  • Claims of breach of fiduciary duty
  • Suits against corporate officers and directors
  • Wage and hour violations
  • Violation of nondisclosure agreements

Some of the more common business litigation issues involve contractual disputes, breach of fiduciary duty, violation of nondisclosure agreements, shareholder disputes and claims of discrimination.

Contractual Disputes

Contracts are legally enforceable documents between persons and entities containing certain terms and provisions that define the rights and responsibilities of the parties. Whenever a party fails to perform or violates a material term of the agreement, the aggrieved party may bring an action for breach of contract, breach of warranty, bad faith or other allegations. The purpose of a breach of contract suit is to place the plaintiff in the position he or she would have been in had the contract been performed as promised.

Breach of Contract

One of the most common actions handled by a business attorney is a Breach of Contract.  This occurs when one party, either business entity or individual fails to meet the obligation or materially deviates from the contract.  When one party fails to perform under the contract that party may be held in Breach in of Contract by the non-breaching party and liable for damage.  A Breach of Contract cause of action can arise from either a written or verbal contract.

Breach of Fiduciary Duty

Certain parties have fiduciary duties to others such as accountants, lawyers, directors and shareholders to act solely in the interests of their principals, which includes avoiding conflicts of interest and to not profit from their relationship with their principals unless specifically authorized. This is a high duty of trust and fiduciaries are held to the strictest duty of care.

Violation of Nondisclosure/Noncompete Agreements

Employers often require their employees and independent contractors to sign nondisclosure agreements to protect proprietary and confidential information such as trade secrets, customer lists, business strategies, software innovations and other information. If permitted by state law, employees may want their employees to sign noncompete contracts so long as they are reasonable in scope. Even without such an agreement, an employee could be sued for misappropriation of such information. Should an employee or independent contractor violate such an agreement, your remedies include injunctive relief or the profits the competitor realized or that you lost by use of your proprietary information.

For breach of a noncompete agreement, the aggrieved party is entitled to the benefit of the bargain or to put the injured party in the same position as he would have been in if the contract had been performed as agreed.

Shareholder Disputes

Corporate officers and directors are obligated to act in the best interests of the corporation, which includes the shareholders. These duties include:

  • Acting in good faith
  • Refrain from self-dealing
  • Make decisions in good faith and in the best interests of the corporation
  • A high duty of loyalty

Officers also owe a fiduciary duty similar to that of directors or that of loyalty that are of the strictest duty of care. Damages for breach of their duties include lost profits that the corporation would have received or the profits realized by the directors or officers.

If your business is being sued or if you have a claim against an individual or business entity regarding a business transaction, consult with an experienced Boston business litigation lawyer to discuss your legal options and possible remedies.

Boston Business Litigation

From high tech startups to the simplest mom and pop enterprise, business people inevitably require legal assistance especially when disputes arise. Businesses are sued all the time over non-performance of services, failure to pay the contractual price, failure to comply with a nondisclosure agreement, or because a product caused an injury or did not perform as advertised. When disputes do arise, business people look to business litigation lawyers for assistance.

Business Litigation Case Experience

  • Partnership disputes
  • Breach of contract
  • Claims of breach of fiduciary duty
  • Suits against corporate officers and directors
  • Wage and hour violations
  • Violation of nondisclosure agreements

Some of the more common business litigation issues involve contractual disputes, breach of fiduciary duty, violation of nondisclosure agreements, shareholder disputes and claims of discrimination.

Contractual Disputes

Contracts are legally enforceable documents between persons and entities containing certain terms and provisions that define the rights and responsibilities of the parties. Whenever a party fails to perform or violates a material term of the agreement, the aggrieved party may bring an action for breach of contract, breach of warranty, bad faith or other allegations. The purpose of a breach of contract suit is to place the plaintiff in the position he or she would have been in had the contract been performed as promised.

Breach of Contract

One of the most common actions handled by a business attorney is a Breach of Contract.  This occurs when one party, either business entity or individual fails to meet the obligation or materially deviates from the contract.  When one party fails to perform under the contract that party may be held in Breach in of Contract by the non-breaching party and liable for damage.  A Breach of Contract cause of action can arise from either a written or verbal contract.

Breach of Fiduciary Duty

Certain parties have fiduciary duties to others such as accountants, lawyers, directors and shareholders to act solely in the interests of their principals, which includes avoiding conflicts of interest and to not profit from their relationship with their principals unless specifically authorized. This is a high duty of trust and fiduciaries are held to the strictest duty of care.

Violation of Nondisclosure/Noncompete Agreements

Employers often require their employees and independent contractors to sign nondisclosure agreements to protect proprietary and confidential information such as trade secrets, customer lists, business strategies, software innovations and other information. If permitted by state law, employees may want their employees to sign noncompete contracts so long as they are reasonable in scope. Even without such an agreement, an employee could be sued for misappropriation of such information. Should an employee or independent contractor violate such an agreement, your remedies include injunctive relief or the profits the competitor realized or that you lost by use of your proprietary information.

For breach of a noncompete agreement, the aggrieved party is entitled to the benefit of the bargain or to put the injured party in the same position as he would have been in if the contract had been performed as agreed.

Shareholder Disputes

Corporate officers and directors are obligated to act in the best interests of the corporation, which includes the shareholders. These duties include:

  • Acting in good faith
  • Refrain from self-dealing
  • Make decisions in good faith and in the best interests of the corporation
  • A high duty of loyalty

Officers also owe a fiduciary duty similar to that of directors or that of loyalty that are of the strictest duty of care. Damages for breach of their duties include lost profits that the corporation would have received or the profits realized by the directors or officers.

If your business is being sued or if you have a claim against an individual or business entity regarding a business transaction, consult with an experienced Boston business litigation lawyer to discuss your legal options and possible remedies.

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