When Do You Need a Business Litigation Attorney Maryland Trusts?
If you are a business owner who has been fortunate enough to avoid business litigation so far in the life of your business, consider yourself lucky. Inevitably, no matter how well your business is run, you will encounter conflict that must be handled through the civil court system. Although it is never fun to have disputes end up in court, if you prepare yourself and your business for the possibility of litigation before it happens you can ease the financial and emotional strain that may otherwise accompany litigation.
1. What is business litigation? Business litigation is a subset of business law that involves resolving disputes that arise in the course of operating your business through the civil court system in your state. Not all conflict goes to trial, but many conflicts involve filing a complaint with the court stating your grievances. Parties to litigation must respond to complaints and operate within the rules of the court or risk losing their case before it even starts.. Business litigation can encompass a variety of specific legal issues including breach of contract, disputes between partners or shareholders, litigation involving your intellectual property, disputes with your insurance providers, and bankruptcy. Contract disputes are an especially common issue for businesses of all sizes. For example, if a purchaser sues you for breach of contract because they allege that you did not provide the services you promised, you will likely end up going to court or at least responding to their complaint initially through the court system.
2. Why might I need to litigate? You may need to litigate if you have a dispute with a partner or co-business owner or with someone who you have contracted with for services or goods. For example, if you contract with a seller to provide you with certain goods for either resale or for use in the production of your own product and that seller provides something other than what you requested, but refuses to refund your payment, you will likely need to the help of a business litigation attorney and the court system to get your money back. In another example, a business may be trying to use a name very similar to your own, causing confusion for your customers and damaging your reputation. You can use the court system to stop their infringement. Finally, if you have a dispute with a co-owner about how to run the business or about how profits are shared, you may end up in litigation.
3. How can I prevent business litigation? The best way to prevent business litigation is to be thoughtful about all business relationships. Draft contracts that are strong and address contingencies. Consult with a business litigation attorney before you have a disagreement with anyone to make sure that you are taking all the steps necessary to protect yourself. In the event that business litigation arises, remember to keep a cool head. Consult a business litigation attorney or a neutral party before escalating any situation.
Your best source of information for how to prepare for business litigation or handle issues you are currently having is to consult with a qualified business attorney who also has experience litigating in the courtroom. An experienced business litigation attorney Maryland clients recommend will be able to offer you options, advice, and advocate for your business to protect your interests.
How a Business Litigation Attorney Maryland Business Owners Rely on Can Help
If you are involved in a dispute over your business, it may be time to contact a business litigation attorney Maryland provides. At Brown Kiely LLP, we draw upon decades of experience in litigating business disputes for clients. We have the intellectual artillery, creative resources, and strategic maneuvering needed to solve the most complex problems. We are also ready and willing to scale our zealous approach and provide effective, simple litigation for routine matters. If you would like to find out about your legal options, call a Maryland business litigation attorney like Brown Kiely LLP.
Your Objectives MATTER
As a business litigation attorney in Maryland, we believe that the first tactic to consider is your objectives. From the very onset, we will try to incorporate your vision of a successful result when considering the dispute in question. With this in mind can we draw on our substantial experience to craft unique strategies that fulfill your needs.
When you talk to a business litigation attorney Maryland relies on for results from our firm, we will review the possibilities of pre-litigation counseling, mediation, and arbitration. If need be, we can provide state and federal representation for court litigation. Regardless of what kind of business you are in, we are ready to assist you. Some companies we commonly work with include:
- Limited Liability Companies (LLC)
- S Corporations
Business Litigation Matters We Deal with Often
At Brown Kiely LLP, when you’re looking for a business litigation attorney Maryland provides, we know that lawsuits can be a very costly solution. We don’t believe in mindlessly going through the standard motions of a case. Instead, we will take a proactive approach to build a strong defense on your behalf. We will be ready to exploit any opportunity to solve the problem in the quickest manner possible. Rest assured that our depth of experience is vast and includes the following:
- Breach of contract claims
- Business torts
- Unfair competition claims
- Lender liability or financing disputes
- Real estate/property disputes
- Security breaches
- Shareholder or partnership disputes
- Intellectual property disputes
- Internet and social media disputes
- Copyright/trademark infringement
- Trade secret claims
- Employment litigation
- General business disputes
The aforementioned list is not exhaustive. If you don’t see your concern listed, please call a business litigation attorney Maryland entrepreneurs count on from our firm and we can discuss your unique matter.
Do I Need a Lawyer for a Business Partnership Agreement?
When two people come together in a business partnership, chances are you are excited for what is to come as you embark on this new adventure together. The last thing on your mind may be how the details will be managed. The reality is, amidst the excitement, it’s key that you are your business partner take the time to carefully draft a business partnership agreement. This will allow the both of you to clearly outline all elements to the partnership, and business. Partnership agreements that are clear and well thought out can potentially eliminate foreseeable problems should they arise.
Are there different types of partnerships?
There are a variety of partnerships to choose from. Brown Kiely LLP has the ability to help in determining the best type of partnership to choose. Options may include:
- General Partnerships
- Limited Partnerships
- Limited Liability Partnership
What should be included in a partnership agreement?
There are a number of elements that should be included within a partnership agreement. By doing so, you and your partner can have peace of mind. Agreements can assist in knowing that you have a plan for how you will manage the day to day functioning of your business. Additionally, a partnership can help you to have a clear plan in place for conflicts and how you and your partner will manage them. Some examples of elements incorporated within a partnership agreement include:
- Partnership Name
- Allocation of Profits and Losses
- Percentages for Allocations of Ownership
- How Decisions Will be Made
- Duties of Each Partner
- How Disputes Will be Managed
- Agreements for Retirement, Death or Dissolution of Partnership
Can my business partner and I draft our own partnership agreement?
Although it’s possible to put together a partnership agreement without an business litigation attorney in Maryland, doing so may come with a series of risks. When putting together a business partnership, there will be much to consider. Although it’s possible to do this without the assistance of an attorney, it can be difficult to put together a partnership agreement without their help. A Maryland business litigation attorney can help to make sure that each aspect to your business partnership is considered.
How can a Business Litigation Attorney in Maryland help with a partnership agreement?
Brown Kiely LLP can help put together a partnership agreement that leaves nothing to the imagination. We help you determine the type of partnership based on your specific business needs. Additionally, we can assist in putting together a partnership agreement that you and your business partner feel comfortable with. Ensure that nothing is left out with the services Brown Kiely LLP has to offer.
Putting together a clear and solid partnership agreement can help business partners when faced with hardship, disagreement, and even retirement. For some business partners, a simple handshake and verbal agreement can feel like enough. However, it’s best to have a partnership agreement so that you and your business partner have already made some of the tough decisions long before they come to pass. Contact Brown Kiely LLP for guidance and assistance in putting these agreements to paper.
Intellectual Property Infringement
What is Intellectual Property?
Intellectual property is any invention or process that is the result of the unique creativity of an individual or company. To protect your intellectual property, Brown Kiely Law LLP may suggest that you apply for a patent, trademark or copyright.
What’s The Difference?
Trademarks are granted for written or designed works, such as company logos and brand names. These designs and words identify the source of products and services. Therefore, even your marketing phraseology can be protected. Therefore, your product or service name, marketing slogans and written ad copy are all protected.
Patents may be granted for new or improved products, plants and unique designs for products, such as headlights on a vehicle. Patents are only granted for useful products and processes. Therefore, artwork would not be covered under a patent, unless you get a design patent for ornamental product design.
A copyright is granted for creative works, such as paintings, novels and music compilations. Therefore, if you are a professional, or amateur, photographer and want to sell your photographs, you can copyright them and prevent others from selling them as well. However, in business, your graphics and logo can also be copyrighted.
Because each type of protection has unique features and guidelines, you may benefit from working with a business litigation attorney in Maryland as you apply for and monitor the use of your intellectual property. Proper registration is required to protect your intellectual property.
How Is Infringement Addressed?
Whether someone is producing and selling your patented product, using your business logo or distributing your original graphics, you should consult with a business litigation attorney in Maryland to review the violation and your intellectual property rights.
If someone infringes on your intellectual property, you need to follow a specific process. Brown Kiely Law LLP will tell you that the first step is a cease and desist letter. This letter reveals your legal possession of the copyright, patent or trademark and identifies how the violating party is violating your rights. It also demands they stop using your property.
If your property is published on the internet, your attorney may write a takedown letter that demands its removal from the internet. The Digital Millennium Copyright Act of 1998 protects all intellectual property from being published online except where the content falls under a free speech exception.
If the violator does not immediately stop using, selling or publishing your intellectual property, you and your attorney should talk about litigation. Although this option can be expensive, if you win, your expenses and any damage done by the violating party to your business or its reputation can be included in the damages.
5 Tips for Developing Solid Business Contracts
Putting together contracts is a large part of running your business. You create contracts to outline agreements with suppliers, customers, employees, and other parties involved with your operation. A business litigation attorney in Maryland can help you form effective business contracts, but you should also make sure you adhere to the following guidelines when forming agreements.
1. Outline All Terms in Writing
Other people you do business with likely seem trustworthy, but regardless of how much you trust another party, you should always put business agreements in writing. This will give you something to refer back to in case something goes awry in your agreement. It also formalizes the receipt of payment if you are using the contract to provide a product or service.
2. Specifically Name All Parties
Your business litigation attorney in Maryland from the office of Brown Kiely Law LLP can help you include all necessary details in your business contracts, especially when it comes to naming all parties involved. You should never assume that other parties involved in the contract will know who you are referring to. When developing business contracts, explicitly name anyone involved and continue to refer to their name throughout the contract.
3. Detail Rights and Obligations
Keep your business contracts simple, but at the same time, do not refrain from detailing the rights and obligations of all parties. If you come to a verbal agreement, but this information is not detailed in the contract, it will be nearly impossible to enforce later on. Talk to your business litigation attorney in Maryland about the right format for your contracts, so you can include all applicable information and details.
4. Identify Options for Termination
Your business contracts won’t last forever. For this reason, outline terms for when one party can terminate the contract. For example, if an employee provides you with notice that they plan to leave within a certain time period, include this option for employment dissolution in your contract. Or, if a supplier no longer wants to work with your business because of price changes or supply issues, outline the option or this possibility in the contract.
5. Include Methods for Resolving Disputes
Your business litigation attorney in Maryland from the office of Brown Kiely Law LLP can help you identify options for resolving disputes in your contracts. For example, many contracts include the requirement to go through the mediation or arbitration process before terminating the contract early or if an unexpected issue arises. Knowing how to solve disputes when you enter into a contract with another party can preserve the relationship and prevent major disruptions to your business if an issue occurs. You should also include terms that outline how to proceed with litigation if a resolution cannot be met.
Make sure that after you develop contracts, you do not share the information with other parties who do not need to know about it. Keeping your contracts confidential, in addition to following the guidelines listed above, can prevent contract breaches and disputes.
Why Brown Kiely LLP
Brown Kiely LLP has successfully reached desirable results for thousands of clients. We have built and maintained a strong reputation for decades and it is our intention to continue. When you retain us you can expect:
- Aggressive representation
- Honest advice you can count on
- Frequent communication and updates
- Solutions in the fastest way possible
We are a firm of amicable, experienced lawyers who will work with you in proactive ways that will avoid any major hurdles or complications. If you are ready to work with a business litigation attorney Maryland businesses count on, please call Brown Kiely LLP today.