Business Litigation Attorney

Business Litigation Attorney

TVA is keenly aware that litigation imposes a burden on the management and financial resources of any organization.

Because of our hands-on business experience and education, TVA attorneys possess a unique skill-set that helps companies resolve their disputes efficiently and cost-effectively. Our clients never have to explain business terms or concepts to us. We understand what it takes to succeed in business and can skip that often expensive and time-consuming aspect of litigation involving your business.

TVA attorneys have extensive experience in all facets of the litigation process, from forensic investigation and complex document review to discovery and law and motion practice to trial representation. TVA attorneys routinely litigate cases in federal and state trial courts.

Because litigation is rarely the best approach to resolve a purely business dispute, TVA attorneys constantly seek opportunities to negotiate a resolution without the need for a more costly trial approach. Our goal is to resolve disputes quickly and effectively and let our clients get back to doing what they do best – running their business. However, if litigation is required, our clients know that TVA will relentlessly and zealously represent their interets.

Complicated business disputes with contractors, vendors, partners or employees can disrupt any well-established business plan, depleting a company's finances and burdening management. If you own or operate an entity, you recognize the hazards that accompany shifting focus to confront a complex conflict. In order to continue to develop your business, you need a legal partner to minimize the distractions that arise in pursuing legal action.

Since 2010, the attorneys at Thomas Vogele & Associates, APC, have been advocating for business owners in Orange County, Monterey County, and throughout California. Our litigation attorneys have over 40 years of experience developing aggressive and efficient strategies and securing excellent results in industries ranging from real estate development, banking, manufacturing, agriculture, importing, wholesale, consulting, and more.

As a result of this employment history and rich educational background, each of our attorneys is well-versed in business terminology, organization, and transactions. We reference this skillset throughout all stages of the litigation process from forensic investigation to trial representation.

Business Law Areas:

Business Torts Such as Breach of Fiduciary Duty

If a contractual relationship between two business parties involves a heightened duty of care, it is commonly referred to as a fiduciary duty. This is often present in partnership agreements but can be present any time one party is assumed to have the trust and confidence of the other. If this fiduciary duty is breached, having a qualified business litigation attorney is advised to handle this type of claim.

Breach of Fiduciary Duty Relating to Bankruptcy Proceedings

While bankruptcy filings change many rules about what the person declaring bankruptcy can be held accountable for, in the event of a breach of fiduciary duty claim, the judgment will not be discharged. Even if a person claims bankruptcy, the breach of fiduciary duty claim will remain intact after the bankruptcy action, which can often be used in negotiations to recover a favorable settlement.

Breach of Contract Claims

A breach of contract is perhaps the most common incident where business litigation is required. It is important that you choose a commercial litigation attorney that is not only well-versed in basic contractual requirements but is also educated on the specific regulations that apply to specialty contracts and certain situations. Furthermore, the requirements under California’s Revised Uniform Partnership Act or Limited Liability Act can impact how your contract is interpreted, so knowledge in these elements is a must. Whether you are dealing with interference of the contract, interference of prospective economic advantage, fraud, or other scenarios a knowledgable attorney is so important to have your case be successful.

Commercial Disputes Requiring Contract Enforcement

In many contract claims, a general rescission is the most common outcome, which reverts the parties back to the position they were in before the contract was entered into—but in situations where the services were half-completed or halting the project is detrimental to your business, it may be necessary to enforce the contract instead. While enforcing the contract can be a difficult thing to do once the business relationship has been compromised, having a qualified attorney on your side can help ensure you will receive the services or goods you originally agreed upon.

Trademark Infringement and Theft of Trade Secrets

While intellectual property is a fairly new notion, it is one of the most valuable assets a company possesses. Trademark infringement can include misuse of corporate branding assets, domain name disputes, unfair competition, false advertising, and more, all of which are protected under both state and federal laws. Additionally, if you believe someone has stolen trade secrets, violated their non-compete agreements, or has breached the implied covenant of good faith, it is important that you hire a commercial litigation attorney to protect your business’ privacy and intellectual assets.

Commercial Real Estate Disputes

Any time you will be acquiring non-residential property, having a commercial real estate lawyer on your side is wise—especially in the event that a dispute arises. If there is a breach of contract or lease agreement, concerns with the title of the property, undisclosed issues, or fraud, you will want to be able to ensure you are still able to complete your purchase as intended. We can assist you in enforcing a contract, seeking reimbursement for lost funds, or pursue damages for a transactional delay in any commercial real estate dealings.

Enforcement and Defense of Promissory Notes

While promissory notes are more flexible than contracts in many cases, the document is still legally binding and requires both parties to hold up their end of the agreement. In the event that someone breaches a promissory note, it is important to seek legal representation. If the promissory note is collateralized, you can work with your attorney to repossess the property or asset that was tied to the note. If it was a non-collateral promissory note, it is helpful to work with a lawyer to determine what a fair amount of damages would be.

Partnership Disputes

Partnership lawsuits can be extremely difficult both from a legal standpoint and an emotional one. Partnership claims often involve betrayals and personal feelings, which can make it difficult to pursue the best course of legal action instead of engaging in destructive litigation. When you choose a commercial lawyer to handle partnership disputes, it is important to choose someone who will not only stand up for you and defend your rights but someone who is also equipped to be level-headed about the situation to help you reach the most favorable outcome possible. Though partnership claims are never easy, having the right legal representation can make them much more simple to deal with.

Business Fraud

Fraud is defined as “wrongful or criminal deception intended to result in financial or personal gain,” and in regards to business litigation, typically involves a misrepresentation of services or goods. While fraud can be grounds for a breach of contract lawsuit, not every breach of contract lawsuit will be considered fraud—and proving fraud involves more intricacies than a general contract breach. Whether the defendant outright lied, concealed crucial facts or misrepresented elements of the business agreement, it is vital that an experienced lawyer analyzes the required elements of a fraud case to make sure they can be established. 

Construction Disputes

If you are dealing with a commercial construction dispute, it is wise to get in touch with a lawyer quickly to ensure your interests are protected. Construction disputes can range in nature from buying a building with a known defect, working with a contractor that breaches their agreement, or fraudulent claims in regard to the property. In any case, commercial construction disputes can be time-consuming and costly, but choosing the right commercial lawyer to work with on your case can help alleviate the stress so the process goes much more smoothly.

Trust Disputes

While a business trust is essentially a contract between the trust and the trustee, there are more intricacies involved in a trust than in a contract in most cases. In the event of a business trust dispute, having a lawyer who understands the nuances of trust law, business law, and contract law is a must, as all of these things work closely together to build and strengthen your case.

Unfair Business Practices in California

Due to the Unfair Business Practices Act California, parties are able to make claims against businesses for fraud, misrepresentation, or other offensive acts that a business may perform. In the state of California, there are strict laws regarding businesses participating in unlawful, unfair, or fraudulent acts such as false advertising, oppressive acts, or monopolizing an industry. Both compensatory and punitive damages are often available to plaintiffs who have taken on a business for unfair practices.

Anti-SLAPP and Commercial Speech Disputes

SLAPP, which stands for “Strategic Lawsuit Against Public Participation” refers to a suit that is filed to intimidate someone into silence. While those who bring forth SLAPP lawsuits typically do not expect to win, they do expect to hassle their defendant with pricey litigation and complex legal scenarios so they relent. While SLAPPs can be difficult to identify, California’s Anti-SLAPP Statute that aims to protect victims of these suits, allowing defendants to seek the dismissal of a complaint if they believe it has been wrongfully filed. SLAPP and commercial speech disputes are often difficult to defend against, but with the right legal representation, it is possible.

Loan Disputes and Lender Liability Claims

Lender liability law states that lenders must be fair to their borrowers and are subject to legal ramifications if they are not. If a loan dispute arises, such as if a lender fails to honor their loan commitment, improperly forecloses, or breaches their fiduciary duty to the lender, it is within the borrower’s right to pursue legal action to obtain damages associated with the lender’s actions.

What Does a Business Litigation Attorney Do?

With the high competition of today, litigation is part of the cost of doing business—which is where a business litigation attorney comes in. Our business litigation lawyers can assist you in identifying claims, advise you on strategies, file a lawsuit, and help you through settlements and alternative resolutions. Business litigation attorneys are tasked with learning the ins and outs of commercial law as it pertains to both national and California regulations put in place in order to ensure that your business is protected and your rights are fought for. If you need a business litigation attorney for any of the disputes listed above, do not hesitate to reach out to us.

Business Litigation FAQs

What damages can business litigation plaintiffs recover?

The types of compensation involved with a business litigation case can vary, but some of the most common ones are:

  • Compensatory damages, involving compensation for the actual, provable losses.
  • Reliance damages, when the loss is difficult to define in definitive numbers.
  • Restitution damages, if a promised benefit is not delivered.
  • Liquidated damages, if the contract defines what a breach will cost each party.
  • Punitive damages, if one party engaged in a deliberately harmful act against the other.

Do business litigation cases often go to trial?

In most instances, business litigation will result in a negotiated settlement before the trial date. However, it is important to have a lawyer who is comfortable going to trial if necessary—this way, if the defendant does not offer reasonable settlement terms, you can continue to fight for your deserved damages.

What is a demurrer?

After a complaint is filed, the defendant can motion for a demurrer to test the legality of the complaint and ask whether the lawsuit has enough information to meet the state’s basic requirements.

What is a writ of attachment?

A writ of attachment serves as a temporary remedy to protect a party’s interests, rights, money, and status quo during the litigation. A party is unable to lien property or freeze a bank account until they win the litigation in most cases, but a writ of attachment can enable this to happen even before the litigation goes to trial. It provides the plaintiff with much more leverage throughout the case and serves as a great negotiation tool.

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