Commercial Litigation Bethesda MD
Do You Need a Bethesda MD Commercial Litigator?
If you are dealing with a business dispute, you may need the help of a Bethesda, MD commercial litigation attorney from Brown Kiely, LLP. Disputes among the owners of a business come in many shapes and forms, and often depend on the type of business entity involved. Whether the business is a corporation, partnership, limited liability company (LLC), or some other form, our attorneys have vast experience counseling clients on their rights and obligations, as well as in litigating disputes that cannot be resolved.
Partnership and shareholder disputes can be very complex and may require commercial litigation Bethesda, MD companies often try to avoid. Brown Kiely, LLP understands how complicated and sensitive these disputes can be, and not only have extensive experience in helping individuals set up these partnerships, but also navigate issues that may arise.
We know firsthand that a clear understanding of the complexities and regulations dictating today’s business climate is the basis for success in any new business venture. We take great care to understand our client’s business and help clients explore visions for future growth and expansion, as well as any obstacles that may lead to commercial litigation Bethesda, MD companies might not have foreseen.
Shareholder and Partner Disputes
Commercial litigation Bethesda, MD companies, encounter is often triggered by shareholder and partnership disputes. At their base, these disagreements generally start within management and branch out among shareholders. Internal disputes can be very costly and have a lasting effect that all too often demoralize the organization, stifle growth, and dry up a company’s assets.
If a dispute ends up requiring legal intervention, the process of commercial litigation Bethesda, MD companies will have to go through cannot only be expensive, but remedies are often limited and inequitable. In the worst of cases, prolonged litigation can completely drain a company, rendering it insolvent.
A tactfully prepared shareholder agreement, along with skilled legal counsel, can make all the difference. With the help of our experienced attorneys, you and your partnership can take preparative steps for these unforeseen obstacles that can go a long way toward preventing costly and time-consuming litigation.
Even with every effort taken to avoid the commercial litigation Bethesda, MD companies know, Brown Kiely, LLP encourages our clients to pursue out-of-court settlement should a conflict arise. This can help resolve disputes creatively in the most efficient, fair, and cost-effective way possible – often ensuring the very survival of the business itself.
Specific Practice Services
In pursuit of setting up a successful and amicable partnership, as well as efficiently navigating any disputes, should they arise, our attorneys counsel clients in a variety of ways, including:
- Establishing the rights and obligations of majority and minority shareholders, officers, and directors
- Determining the need for protective procedures to be built into the business structure to ensure that officers and directors are discharging their duties in good faith and in the best interests of the corporation
- Helping clients understand corporate procedures and compliance, voting, and resolutions
- Assist with the negotiation, mediation, and arbitration of conflict resolutions
- Avoiding unfair or illegal actions, fraud, breach of fiduciary duty, trade secrets, unfair competition
- Answering employment questions of compensation, severance, pension benefits, stock plans, wrongful termination, non-compete agreements, policy manuals, employment agreements, confidentiality agreements, etc.
- Assisting in succession planning
- Consulting on corporate restructures, asset sales and purchases, stock sales and purchases, mergers and acquisitions, corporate takeovers
- Interpreting and enforcing partnership and shareholder agreements
- Outlining any breaches of fiduciary duty, insolvency, bankruptcy, commercial debts
How can a Bethesda, MD litigation lawyer help your business?
If your company is involved in a contract dispute of some kind, talk to our Bethesda, Maryland commercial litigation lawyer to learn how we can assist you. In addition to handling cases of contract breaches, we represent business clients in a wide range of legal matters. Contract disputes can be costly and frustrating, as well as lead to lengthy litigation. We may be able to help you avoid these scenarios.
Frustration of purpose falls under contract law and is best described as a circumstance that arises unexpectedly and which undermines the successful completion of that contract. An eligibility constraint is that both contractual parties must have entered into the agreement with a mutual understanding of the contract’s goals.
Are there valid reasons for a person or company under contract to be relieved of their contractual obligations without penalty?
Under certain circumstances, a party may be excused from their contractual obligations if there is merit. Under the law, a court or judge may excuse the party and thereby protect them from liability or harm. Hiring a commercial litigation lawyer in Bethesda, MD can help if you believe there is a valid reason for why you cannot execute your contractual obligations, or you believe the other party does not have a valid reason for non-compliance. Certain criteria must be met for a party to breach or extricate themselves from a contract lawfully. The party must prove at least one of the following:
- Impossibility. An obligation, as specified by the contract, is now impossible for the party to fulfill. For example, if a company hires a contractor to paint the exterior of their building, but the building burns down before the job commences or is completed, it releases the company from the contract. After reviewing the circumstances and contract, a Bethesda, MD commercial litigation attorney may determine that their client (the company) is not liable for damages to the contractor under the doctrine of impossibility.
- Impracticability. When an obligation becomes too costly to fulfill or is unreasonably difficult, the providing party may lawfully breach the contract under the doctrine of impracticability. For example, a landscaping company may agree to adjust the slope on the grounds of a company’s place of business, but they encounter unexpected and a significant amount of bedrock, which would require costly and specialized equipment to eliminate.
- Frustration of purpose. If a contract cannot be completed, and it is not the fault of either party, the contract is considered null. As an example, a contractor is hired to build a structure along an oceanfront, but before it can be completed, municipal laws change that prohibit such construction.
Contact Brown Kiely, LLP Today for an Experienced Commercial Litigator
If you are beginning a new business venture or need help navigating commercial litigation Bethesda, MD companies strive to avoid, call the experienced attorneys at Brown Kiely, LLP, today.
When facing a business dispute, Brown Kiely LLP provides commercial litigation Bethesda, MD, can rely on. There can be a lot riding on the line, especially when your business is involved. Because of this, you need a lawyer by your side that you can trust to help you have the best opportunity at an outcome that is favorable to you. Our lawyers can work closely with you so that you can understand commercial litigation, the types of litigation that may result in business disputes, and the appropriate steps to take throughout the process. For help with commercial litigation, contact Brown Kiley LLP, lawyers providing Bethesda, Maryland business owners, with the support they deserve.
Understanding Commercial Litigation
Commercial litigation involves disputes pertaining to business relations. Commercial litigation often consists of a dispute between two parties. In such situations, it’s not uncommon for litigation to involve a business. There are several ways that commercial litigation can play out; examples may include:
- Disputes from business to business
- Disputes from government to business
- A person or persons in dispute with a business
Business disputes can be a complicated process that may involve several factors at play. For a business owner, you may be concerned with both the reputation and success of your business. Common types of Bethesda, MD commercial litigation disputes can include:
- Breach of Contract
- Partnership Disputes
- Real Estate Litigation
- Intellectual Property
Contacting a Bethesda, MD commercial litigation lawyer can assist in mitigating the risk involved and helping you to navigate the complexities that you may be facing as a business owner.
Steps to Take
For many businesses, the threat of litigation is very real. Because of this, it’s essential to take action with a lawyer with experience in representing commercial litigation cases in Bethesda, MD. If you are facing such a risk, you must take steps immediately by:
- Contact a lawyer so that they can begin the process of reviewing your case immediately. They may be able to help resolve the situation you are facing.
- Refrain from speaking with the person(s) or entity that has brought the case against you. Anything that you say to them could be used against you in court.
- Work with your lawyer to determine whether you should contact your insurance provider. Insurance companies can be tricky, which is why you will want to speak with a lawyer to help navigate this situation.
- Complete a written response within 30 days with your commercial litigation lawyer in Bethesda, MD.
Bethesda, Maryland commercial litigation can land you in hot water pretty quickly. It would be best if you made every effort to resolve the business dispute that you may be contending with. If you are facing a lawsuit against your business, your lawyer can assist you by reviewing your case and working with you to determine the best way to resolve your situation as quickly as possible.
Commercial litigation available in Bethesda, MD, can help provide business owners with the results they are looking for. Business disputes are more common than many realize. Unfortunately, common missteps and the expense that can follow can impact a person’s business for the long term. For more information about commercial litigation in Bethesda, MD, contact Brown Kiely LLP today!