Comprehensive Legal Representation for Complex Business Disputes

If you are a business owner, you already know that you will most likely face legal challenges that often include contract disputes or conflicts involving intellectual property, to name a few. Business disputes can require companies to engage in expensive and time-consuming litigation. Dealing with legal issues can be costly for business owners, as it takes away precious time and resources that could be used to build their companies.

Regardless of what your legal needs may be, the most effective solution is to hire a qualified business litigation attorney to represent your interests. Our legal team has extensive experience handling advanced commercial litigation issues.

If you would like more information about our legal services, contact our San Antonio law firm today to schedule a free consultation to determine what options suit your needs.

What is Business Litigation?

In Texas, business litigation is the formal legal process for resolving complex business disputes. Common business legal disputes often involve contract breaches, intellectual property infringement, or partnership disagreements.

Alternative Dispute Resolution

Business litigation typically involves numerous legal proceedings, usually beginning with alternative dispute resolution (ADR). ADR is a legal tool that both the plaintiff and the defendant can use to try to resolve their differences without going to court. Texas courts strongly encourage parties in business disputes to use ADR to resolve their issues without resorting to litigation. Mediation and arbitration are the most common forms of ADR and work to resolve matters as quickly and effectively as possible.

If ADR methods fail, then the case will need to go to court. After both sides present their evidence, a decision will be made by a judge. If you are facing a commercial litigation issue, you will need an experienced attorney who will safeguard your interests. Allow our San Antonio business litigation attorney to help you navigate the complexities of Texas business law.

What are the Most Common Causes of Business Litigation?

Although business litigation disputes can occur for many various reasons, there are several that are more common than others, including:

• Breach of contract cases: These business disputes often center on issues arising when one party fails to meet specific contractual obligations. Common examples include delayed or missed payments, non-delivery, below-average service, or performance.
• Employment-related issues: Common examples of work-related disputes that can result in litigation include non-compete agreements, wage and hour disputes, wrongful termination, or discrimination.
• Fraud: Fraudulent activities that can result in legal action include misrepresentation, embezzlement, and falsifying financial records.
• Partnership or shareholder disputes: Often disagreements between partners or shareholders arise due to differences in opinion on how to handle business matters, management styles, or buy-sell agreements.
• Intellectual property disputes: An increasing problem in our modern society involves conflicts of the right, use, or infringement of intellectual properties, including those involving trade secrets, trademarks, patents, or copyrights.

What are the Primary Phases Involved in Business Litigation?

Business litigation involves several legal steps that must be completed to resolve disputes if alternative resolution methods do not work.

The primary phases of business litigation include:

Filing an Initial Complaint

During the initial phase, an official complaint is filed with the court. The filing will outline the issues in the dispute and the legal remedy sought by the plaintiff. The defendant is officially notified of the lawsuit, after which they may file a response.

Discovery Phase

During the discovery phase, both the plaintiff and defendant exchange information and gather evidence to build their cases. Some methods utilized by both sides include interrogatories, depositions, and document requests. The objective of both parties is to find evidence that substantiates their claims or defense. During this phase, pre-trial motions are also filed before a case can proceed to trial. 

If the case goes to trial, both parties present their cases to the court through evidence, including witness testimony and cross-examination. After both sides present their cases, a judge or jury will evaluate the evidence and deliver a verdict.

How Can a Business Litigation Lawyer Help Resolve My Legal Issues?

One of the key benefits of hiring a business litigation lawyer is having an experienced advocate to guide you through the complex legal issues that arise in business disputes. When you seek legal representation, a lawyer will professionally evaluate the strengths and weaknesses of the case and identify legal strategies to address your needs.

Alternative Dispute Resolution

Although it is not required, many parties involved in business disputes seek to use alternative dispute resolution (ADR) to resolve their issues without going to court. A skilled business litigation attorney can help guide you through mediation or arbitration. Having an attorney provide advice is the most effective way to safeguard interests. Your attorney can review an agreement that is proposed and offer advice as to whether you should settle and ensure that any arrangement decided upon is legally enforceable.

It is worth emphasizing that many business contracts include a clause requiring the parties to use ADR before they can file a lawsuit. Additionally, depending on the circumstances of the case, the court can order ADR, or the plaintiff and defendant can request it before trial.

Negotiations

A business litigation lawyer can also act as a legal advocate and negotiate with opposing counsel to reach a favorable outcome for your legal needs. In many cases, business litigation is settled outside the courtroom, significantly expediting the legal process and saving both sides the considerable expense of going to trial. Nevertheless, if an agreement cannot be reached, your lawyer will prepare a compelling case that they will present in court on your behalf.

What Type of Documents Do I Need to Pursue a Business Litigation Case?

Before you meet with a business litigation attorney, it is best to collect evidence and supporting documents that substantiate your claims. Some of the documents your attorney will request include any contracts or agreements that pertain to the dispute.

Even if your business dispute does not involve financial litigation, having bank statements, receipts, invoices, or bills relevant to your case is also essential. Other essential documentation consists of communication records you have with the other party, including emails, text messages, letters, or other correspondence relevant to the case.

If your case proceeds to ADR or court, these documents can prove to be invaluable for establishing your case. When you meet with your attorney, they will also advise you of any other documentation they may need to move forward.

How Long Will it Take to Resolve My Business Dispute?

Confronting a business litigation matter can be stressful and overwhelming for any business owner. When legal challenges arise, business owners want to resolve their disputes quickly so they can focus their attention on strengthening their companies. Even so, depending on the facts of the case, business litigation cases that proceed to trial can take anywhere from 18 months to 3 or more years to be resolved. Cases that are negotiated through mediation or arbitration are often resolved more quickly — sometimes in a matter of months rather than years.

One of the most significant factors influencing how long it takes to resolve the dispute is the case’s complexity. Cases that involve only a plaintiff and a defendant, or a fundamental business matter such as breach of contract, are generally resolved more quickly than those involving multiple defendants.

If the case cannot be settled out of court, the timeline will lengthen significantly, especially if the court is backlogged. Additionally, the various stages of litigation, including the discovery phase and filing pre-trial motions, take time to work their way through the court system.

If the case goes to trial, a judge or jury will decide based on the evidence. You should also be aware that even after a court has handed down a judgment, the losing party has the right to appeal, which could delay resolution of the case.

Contact Barry Deacon Law Today to Schedule a Free Consultation So We Can Evaluate Your Case

Barry Deacon Law is a San Antonio law firm dedicated to helping business owners resolve their legal matters. Our business litigation attorney has significant experience helping large companies and small businesses resolve their legal needs quickly and efficiently. Whether you need help with securities litigation or a contract dispute, or a partnership issue, our attorney is ready to assist.

Barry Deacon has practiced law for almost 50 years, with much of his legal experience acting as a defense attorney. Barry uses his years of defense experience to represent plaintiffs, giving him a significant advantage over less-experienced attorneys. 

If you are dealing with a complex legal matter that’s hindering your business’s success and you are not sure where to turn to for help, contact our law firm’s San Antonio office immediately. Our attorney, Barry Deacon, will personally handle your case and give it the attention it deserves. For more information about our legal services, call us at (210) 985-8398 for English-speaking clients or (210) 796-4933 for Spanish-speaking clients to schedule a free, secure, in-depth case evaluation.