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 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 intricate 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 to any new business venture. We take great care to understand our client’s business, and help clients explore visions for the 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.
However, even with every effort taken to avoid the commercial litigation Bethesda, MD companies know, if a dispute does arise, Brown Kiely, LLP encourages our clients to pursue out-of-court settlement to resolve conflicts 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.
- 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 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. 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, hiring a business litigation attorney can clarify this matter. Certain criteria must be met for a party to lawfully breach or extricate themselves from a contract. 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 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 as specified by the contract 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 just beginning a new business venture or are in need of help navigating commercial litigation Bethesda, MD companies strive to avoid, call the experienced attorneys at Brown Kiely, LLP, today.