Commercial Litigation is the area of the law that deals with business disputes over money or property. This area of the law does not deal with the negotiation or structuring of business deals. On the contrary, it looks for solutions when business deals do not end the way the parties involved anticipated them to conclude. The resolution to the business problem can be sought in the state or federal court system (the facts and parties to the dispute will determine whether the action has to be filed in federal or in state court) or through alternative dispute resolution mechanisms such as mediation and arbitration.
At Tejada Lacayo, P.A. we are experienced handling the following types of cases:
Breaches of Contract – Whenever parties enter into an oral or written agreement for the purchase and sale of property (personal, real or business assets) or for the provision of goods and/or services, and one of the parties fails to comply with the terms of the agreement, the non-breaching party has a cause of action for breach of contract.
Work Related Disputes – Commercial litigation includes certain types of disputes between employers and employees. Some examples of the actions that fall into this category include disputes over the breach or lack thereof of confidentiality or non-compete agreements, or disputes related to the alleged misappropriation of trade secrets by former employees.
Corporate/Partnership Disputes – Many are the reasons that can give rise to disputes dealing with the organization and operation of corporations and partnerships. Among the most common sources of litigation are those that are caused by an abuse of trust by an officer, a director, partner or majority shareholder. The abuse of trust may result in a shareholder or partner seeking the dissolution of the business, an accounting and/or damages. It could also result in a derivative action alleging waste of corporate assets, misappropriation of corporate opportunities, and/or claims that an officer of the corporation has breached his/her fiduciary duties towards the corporation. Likewise, a majority partner may be sued by minority partners for breach of fiduciary duties. The minority partners may allege that the majority partner has failed to make the required disclosures, has made excessive withdrawals for his salary, and/or has engaged in competing business with the partnership.
Interference with Business Relationships – Whenever a person intentionally intrudes on another’s potential business relationship hindering or preventing the performance of an agreement, an action can be filed against the party interfering with the business relationship.
Antitrust Violations – Disputes in this category deal with issues such as monopolization of an industry, price discrimination, tying arrangements, conspiracies to fix prices and any other anticompetitive arrangement which may affect free competition and may injure consumers.
Fraud and deceptive Practices – Fraudulent and deceptive misrepresentations in the course of business deals are prohibited. Parties must be truthful and must not represent or omit material information in their business transactions.
Collection of Debts – Actions seeking to collect debts arising out of the failure to make payments under of promissory notes, guaranty agreements and mortgages also fall under the umbrella of commercial litigation. Once a judgement is obtained, the next step is collecting on the judgment. In the United States, there is no debtor’s prison. However, the law provides remedies and special procedures to help creditors collect on a valid judgment, and obtain payment from a defending party, such as writs of garnishment and writs of execution.
If you have a business dispute and you have not been able to resolve it through amicable channels, we can help. We can discuss with you all the available channels to resolve your dispute including litigation, arbitration and mediation. We can also explain all the benefits and disadvantages of each one of these alternatives taking into consideration the possibilities of collecting on any judgment or award that may ultimately be rendered in your favor. Thus, whatever strategy is that your case needs, we are prepared to handle it.
At Tejada Lacayo, P.A. we are experienced handling the following types of cases:
Breaches of Contract – Whenever parties enter into an oral or written agreement for the purchase and sale of property (personal, real or business assets) or for the provision of goods and/or services, and one of the parties fails to comply with the terms of the agreement, the non-breaching party has a cause of action for breach of contract.
Work Related Disputes – Commercial litigation includes certain types of disputes between employers and employees. Some examples of the actions that fall into this category include disputes over the breach or lack thereof of confidentiality or non-compete agreements, or disputes related to the alleged misappropriation of trade secrets by former employees.
Corporate/Partnership Disputes – Many are the reasons that can give rise to disputes dealing with the organization and operation of corporations and partnerships. Among the most common sources of litigation are those that are caused by an abuse of trust by an officer, a director, partner or majority shareholder. The abuse of trust may result in a shareholder or partner seeking the dissolution of the business, an accounting and/or damages. It could also result in a derivative action alleging waste of corporate assets, misappropriation of corporate opportunities, and/or claims that an officer of the corporation has breached his/her fiduciary duties towards the corporation. Likewise, a majority partner may be sued by minority partners for breach of fiduciary duties. The minority partners may allege that the majority partner has failed to make the required disclosures, has made excessive withdrawals for his salary, and/or has engaged in competing business with the partnership.
Interference with Business Relationships – Whenever a person intentionally intrudes on another’s potential business relationship hindering or preventing the performance of an agreement, an action can be filed against the party interfering with the business relationship.
Antitrust Violations – Disputes in this category deal with issues such as monopolization of an industry, price discrimination, tying arrangements, conspiracies to fix prices and any other anticompetitive arrangement which may affect free competition and may injure consumers.
Fraud and deceptive Practices – Fraudulent and deceptive misrepresentations in the course of business deals are prohibited. Parties must be truthful and must not represent or omit material information in their business transactions.
Collection of Debts – Actions seeking to collect debts arising out of the failure to make payments under of promissory notes, guaranty agreements and mortgages also fall under the umbrella of commercial litigation. Once a judgement is obtained, the next step is collecting on the judgment. In the United States, there is no debtor’s prison. However, the law provides remedies and special procedures to help creditors collect on a valid judgment, and obtain payment from a defending party, such as writs of garnishment and writs of execution.
If you have a business dispute and you have not been able to resolve it through amicable channels, we can help. We can discuss with you all the available channels to resolve your dispute including litigation, arbitration and mediation. We can also explain all the benefits and disadvantages of each one of these alternatives taking into consideration the possibilities of collecting on any judgment or award that may ultimately be rendered in your favor. Thus, whatever strategy is that your case needs, we are prepared to handle it.