Business Litigation

Businesses are often embroiled in complicated legal disputes. These conflicts can arise with other businesses, but they can also arise within a business or with consumers or the government. At the Serendib Law Firm, we have represented all types of business entities. Our Orange County business litigation lawyers treat each of our clients with respect and honesty, hoping to build lifelong relationships in which we help to advance our clients’ interests.

Business litigation might involve claims such as breach of contract, breach of fiduciary duty, fraud, intellectual property infringement, insurance coverage disputes, and non-compete violations, among many other examples. These issues come up in contrasting circumstances across industries, and sometimes the facts involve several different statutes, as well as common law. It is critical to retain an experienced business litigator who understands business and commercial transactions.

A contract is a legal agreement in which two or more parties bind themselves to meet certain obligations in exchange for value. When one party fails to live up to those obligations, the other party may be able to bring a claim for breach of contract. A breach occurs whenever there is a failure to perform. However, there are defenses that may be raised, and a defendant will not be in breach if there is a legal justification for its failure to perform its obligations under the contract. Our business litigation attorneys can help Orange County entities bring or defend against these claims.

A fiduciary duty arises when a relationship between parties involves a certain form of expertise, confidence, trust, or reliance upon a fiduciary to use discretion. Under California law, a fiduciary may not take any action that cuts against the interests of beneficiaries. Partners and members in an LLC, for example, are in a fiduciary relationship to one another. If a partner becomes aware of an exciting opportunity with a customer of the partnership and tries to pursue this gain for their own personal interests rather than pursuing it on behalf of the partnership, this might constitute a breach of fiduciary duty. Similarly, officers and directors owe fiduciary duties to a corporation. When a director tries to set up a side business that competes with the corporation, there may be a breach of fiduciary duty.

Some business litigation centers on fraud. Fraud occurs in California if a party makes false promises, negligently or intentionally misrepresents material facts, conceals information, or perpetrates another form of deception against another party to deprive that party of rights, property, or money. To establish intentional misrepresentation, your Orange County business litigation attorney likely would need to show that the defendant made a false statement of fact while knowing it to be untrue, the defendant intended to defraud you, you reasonably relied on the misrepresentation, and it was a substantial factor in causing your losses. In a negligent misrepresentation lawsuit, we would need to show a false statement of fact with no reasonable basis for believing it to be true, an intent to induce reliance, reasonable reliance that substantially factored into causing the harm, and actual damages.

Damages that may be recovered in business litigation may include compensatory damages, reliance damages, restitution damages, or liquidated damages. Compensatory damages are awarded to cover tangible, proven losses so that the plaintiff is approximately put back in the position in which it would have been had a loss not occurred. If a defendant fails to act on a legal obligation or makes misrepresentations, reliance damages may be awarded. When a promised benefit is not received, it may be possible for a plaintiff to obtain restitution. In some circumstances, contracts provide for liquidated damages to be awarded for a failure to honor the terms of the contract. There are also situations in which a plaintiff can recover punitive damages due to egregious and intentional misconduct by the defendant.

Whether you are initiating or defending against a lawsuit related to your business, you should consult the attorneys at the Serendib Law Firm. We represent clients in Orange, Los Angeles, San Bernardino, and Riverside Counties. Call us at 1-800-LAW-8825 (800-529-8825) or contact us via our online form.