Commercial Litigation Maryland
Today, the vast majority of businesses rely on contracts to fulfill their day-to-day operations. When you sign a contract with another business or individual, you expect them to perform their end of the bargain or agreement. When a party fails to fulfill their end of the bargain or breaches the agreement, your business can quickly run into financial trouble, potentially losing a significant amount of profit, time, and resources. Similarly, if your business breaches a contract, your operations remain vulnerable to legal action. Either scenario is less than ideal and potentially costly. This is why it’s important to speak with an experienced Maryland commercial litigation lawyer from Brown Kiely, LLP as soon as you suspect that another party is in breach or that you’re in a position where you’re likely to breach a contract. In either scenario, there are legal options you can choose from to better protect your company’s interests and preserve your rights.
Contract breaches can occur in a variety of scenarios beyond a party failing to fulfill their end of the bargain. Sometimes the dispute occurs due to differing interpretations of the terms of the contract or unexpected circumstances. It is important to remember that, if a breach occurs, you need to act quickly to preserve your rights. If you or your business entered into a contract with a party that failed to fulfill their end of the agreement or your company is in danger of breaching a contract, do not hesitate to speak with an experienced Maryland commercial litigation lawyer today. You may only have a limited time to act before your legal options become compromised by filing date limitations and/or other factors. Don’t wait; seek legal guidance today.
6 Common Questions about Commercial Litigation
The business world operates by contracts. When you make a contract with another company, you expect them to honor their responsibilities. If they fail to do so, your company could face operational interruptions and loss of profits. If you are the party that anticipates being unable to fulfill a contract, you open your company up to legal action that could be costly. Consult a lawyer that handles commercial litigation in Maryland to explore your options. Here are six frequent questions about commercial litigation.
- What Is Commercial Litigation?
This is an area of legal challenge brought if individuals or business entities feel monetary loss has occurred due to multiple types of actions, including debt collection, land disagreements, and contract disputes.
- Can I Bring Legal Action for Breach of Verbal Contracts?
The answer to this question depends largely on the state in which the case occurs. In Texas, for example, oral contracts are frequently considered binding. However, if you want to sue someone for breach of an oral contract in Texas, you must prove it was complete and lawful and meet other conditions as well. On the other hand, in Maryland, written contracts are much preferred. However, those suffering losses from breaches of some types of clearly delineated oral contracts that meet specific conditions can sue another party. To confidently navigate commercial litigation in Maryland, opt to work with a lawyer.
- Can I Sue a Financial Advisor?
You can sue financial advisors if your losses are the result of negligence or fraud. The burden of proof is on you, so you should consider these questions before filing a lawsuit:
- Is your account missing money?
- Are your investments based on misleading or false information?
- Do you see transactions that you did not make?
- Did the advisor pressure you into complex investments?
- Did you lose more money than expected?
If you answered “yes” to any of these questions, you can talk to a lawyer about commercial litigation in Maryland.
- What Are Types of Business Litigation?
When considering commercial litigation in Maryland, several types occur frequently. They include:
- Personal injury claims and product liability
- Breach of contract
- Intellectual property challenges
- Partnership and shareholder disputes
Several other categories of oft-seen commercial disagreements include construction and real estate and disputes. Employment disagreements are also frequent.
- What if Another Business Interferes With my Clients?
If another company has disturbed your relationships with clients and businesses, you may be able to take that entity to court. Again, you must be able to prove your case, but if you win, you could be awarded punitive damages as well as compensation for mental distress.
- Is Litigation the Only Option?
If you have a contract disagreement with another company, you do not have to start commercial litigation in Maryland. Instead, you can choose alternative dispute resolution. One of the approaches involves arbitration, where a neutral party hears both positions and renders a decision. Depending upon agreed-upon rules, sometimes decisions are binding, and at other times they are not. You could also choose mediation, in which a neutral party negotiates between the two disputing sides to try to bring about an agreement.
Commercial litigation in Maryland can seem complicated. Work with the Brown Kiely Law LLP to protect your rights and seek the best possible outcome.
Breach of Contract Case
In order for a contract to be enforceable, three main elements must be established: offer, acceptance, and consideration. Your Maryland commercial litigation lawyer can explain whether your case may be affected by enforceability issues. Similarly, our experienced legal team can help you determine whether a breach action is possible/appropriate in your case.
In order to prevail in a breach of contract case, the party who has been harmed will essentially need to prove that:
- An enforceable contract existed (written or oral);
- A party breached that contract; and
- A party suffered damages or losses as a result of the breach.
Types of Breaches
Generally, a breach arises when either of the parties breaks a contractual promise. However, not every breach permits recovery in a court of law. Only when the breach diminishes value from the non-breaching party can a lawsuit be brought.
There are four common types of breaches that occur in contract disputes:
- First, a material breach occurs when a party fails to perform its duties under the contract
- Second, a fundamental breach occurs when a party does not follow through with the underlying basis of the contract
- Third, an anticipatory breach occurs when one party clearly informs the other party that it is not going to perform its duties under the contract
- Fourth, minor breaches occur when one party commits errors while performing its duty under the contract, but generally completes performance
An award of damages under contract law is meant to compensate the aggrieved party for all the detriment suffered as a result of the other party’s breach. These damages are usually an amount of money based on the terms of the contract, plus interest. In certain cases, additional damages may be available for recovery.
Seeking Legal Guidance
Pursuing a contract-related legal claim on your own can be very difficult, if not impossible. If your business either needs to hold another party legally responsible for its actions or your company is at risk of being held to account in court, contact an experienced Maryland commercial litigation lawyer today to preserve and explore your options.
Do you need a Maryland breach of contract litigation lawyer? When you are part of a company or a commercial business, it is highly likely that at some point in your career a legal dispute will arise that involves a breach of contract. When this is the case, should you spend time and money getting the right MD breach of contract litigation attorney, or is this something that you can take care of on your own? Having an attorney on your side from the start is a good idea and, even if you are not currently embroiled in a stressful legal dispute, having an attorney from Brown Kiely, LLP on your side and ready to represent you can be helpful if you are faced with commercial litigation in Maryland. Having a Maryland breach of contract litigation attorney ready can help mitigate the costs and time of a potential lawsuit which will benefit your company greatly. While you can still get help if you are in the middle of a lawsuit, hiring one from the start can prove to be especially valuable.
Do’s and Don’ts of Contracts
Commercial litigation in Maryland, often comes down to the details of the contract between the two parties. What date was the product due, what penalties are in place for non-delivery, how much was the payment supposed to be and more should be in all of your contracts. Here are some do’s and don’ts about contracts.
Do Be Explicit About the Contract’s Goals
It’s vital that you understand what you want to get out of your contract. Your goals should be things such as “receive the product by noon on January 3, 2023,” “get paid $6,500 on or before July 17, 2022” or “complete merger paperwork on May 30, 2022.” You want to be explicit so nothing is left to the imagination. In commercial litigation in Maryland, your contract must be unambiguous and explicit to ensure your goals are met.
Do Be Able to Answer “What Happens if Something Goes Wrong?”
Things go wrong all the time in commercial litigation in Maryland. Humans are fallible, machinery breaks down and global pandemics arise. You should have the details of your contingencies listed in your contract. A lawyer from Brown Kiely Law LLP can help you draft the contract language, but you have to have the answer to the question first.
Do Be Open To Changing the Original Terms in Light of New Information
When new information comes to light, it may necessitate a change in the original terms of your contract. Maybe the other party licensed their patents to someone else, devaluing the merger you’re negotiating. Maybe a key ingredient in your product has supply chain problems. You need to change along with the issues.
Don’t Be Afraid of Adding a Lot of Detail
The more detail you add, the stronger your contract is. You want as much detail as you can come up with in your contract. Dates, times and anything else that’s quantifiable should go into the contract. In commercial litigation in Maryland, more detail is always better.
Don’t Leave Anything to “We Have an Understanding”
If it’s not in the contract, “we have an understanding” means nothing when it comes to commercial litigation in Maryland. Everything has to go into the contract, no matter how many drafts it takes to get it in there. The other party may be honest and upstanding, but you still need everything in writing. Your attorney from Brown Kiely Law LLP can help you get it in there.
Questions To Ask Prospective Commercial Litigation Lawyers
What Is Your Experience With Issues Like Mine?
Lawyers with experience in commercial litigation in Maryland work on a wide variety of cases. Therefore, it is vital that you ask whether your attorney has worked on companies, contracts, cases, issues, etc. that resemble yours. This includes the actual litigation of these issues. Brown Kiely Law LLP will tell you that you need a firm that understands your industry and issue and has experience arguing similar cases in court. Although no attorney can guarantee your success, those with experience and success with similar cases understand the complications and challenges you and they may face as your case proceeds.
What Costs Will I Be Responsible For?
Attorneys charge different rates based on the tasks they complete for you. You may be charged an hourly rate for some tasks, so ask what the hourly rate is. In addition, your lawyer may charge a flat fee for specific tasks, such as writing or reviewing a contract. You may also pay a retainer fee if you hope to retain the firm over the long term or for a significant project. Your hourly rate and other fees are then deducted from this retainer.
What Kind of Communication Can I Expect From You?
Whether you are working on a specific case or you have ongoing business with a firm that specializes in commercial litigation in Maryland, you need to know about their communication policy. Therefore, ask how often you should hear from the firm for updates on your case or account and what type of communication the attorneys prefer. Find out when you need to contact your attorney as well.
What Responsibilities and Rights Do I Have?
You need to know both your rights and responsibilities within a specific contract, deal or case, but you also need to know them with regard to your law firm. When you understand what you need to do and what others will do for you, you can do your part to prevent litigation. However, a reputable litigation firm, e.g., Brown Kiely Law LLP, will also outline any risks and possible liabilities they detect in your business or its contracts.
I Have Experienced a Breach of Contract, What Is Your Analysis of My Claim?
If you are in the midst of a contract breach before you contact an attorney, you should be granted a free consultation. During the consultation, ask what the attorney thinks about your case. Do you have the right to file a lawsuit? You can also ask about the attorney’s opinion of your claim’s value, but understand that the lawyer cannot guarantee you a specific amount of damages. Also, ask whether you should pursue settlements, litigation or litigation alternatives.
Top Four Reasons to Hire a Maryland Breach of Contract Litigation Attorney
Even if your business is not currently dealing with a breach of contract issue, it can still be highly beneficial for your company to work with a commercial attorney. Below, you will find some of the most common ways they can help.
- You Can Feel Better Prepared. When it comes to business disputes, like a breach of contract, it may seem like the dispute can easily be settled out of court. When this is the case, you may feel overly confident about your own settlement tactics or you may be giving the other party too much credit. Instead of trying to settle on your own, hire a MD breach of contract attorney who will be prepared to represent your business and be there at the first signs of trouble.
- Don’t Backtrack. When you trust the attorneys from Brown Kiely, LLP from the beginning, you do not have to worry about any kind of backtracking or getting them up to speed when it comes to your business dispute. This can cost a great deal of time and money and it can make your case even more difficult. The sooner you bring one of our lawyers into the loop, the sooner we can help you.
- More Time Spent is More Money Spent. While you may think this is true with an attorney, the same is also true for you. The more time you spend on a legal matter, the more money you must spend, too. Having an attorney on your side early on can help the litigation run much more efficiently.
- Spend Time on Your Business, Not the Breach of Contract. You should not have to spend time worrying about negotiations and fighting for your business in these disputes. That is precisely what an attorney is for. Instead, focus on running your business and leave the legal matters to us.
Having an attorney from Brown Kiely, LLP on your side can make your business run more smoothly. If you would like to get in touch with us and speak with a Maryland breach of contract litigation attorney, contact our office now!
Businesses sometimes regret entering into certain contracts. However, that doesn’t mean they should breach the contract. Breach of contract is one of the most common causes of commercial litigation Maryland businesses face. Here are a few reasons why your business should avoid breaching a contract.
It Could Damage Your Business Reputation
No matter what kind of business you own, you want to maintain a positive reputation in your community. The better your reputation, the more loyal your customers will likely be. However, if you breach a contract and the news gets out, it could negatively affect how other people perceive your business. They may no longer see your business as trustworthy and stop buying/using your products and services.
You Could Face a Lawsuit
If your business breaches a contract, you could face commercial litigation in Maryland. A lawsuit could cost your business thousands of dollars in legal fees, which could put your company in a devastating financial situation. Additionally, being sued is very stressful and can make your life more difficult.
You Could Take Time Away from Your Business
When you’re dealing with commercial litigation in Maryland, you could be forced to take valuable time away from your business. Instead of helping your customers and finding more ways to help your business grow, you will have to respond to discovery requests and attend depositions. This could cause your business to lose business.
It Could Damage Your Relationships With Other Businesses
If you try to breach your contract with a business, the owners will probably not want to work with you again in the future. They may lose trust and fear something similar will happen later on. That business may also inform other business owners of what happened, so they may not want to work with your company either. This could cause you to lose many great opportunities in the future.
You May Have to Pay Compensatory Damages
If your business is facing commercial litigation in Maryland for breaching a contract, the court will likely order you to pay compensatory damages to the other party. The damages are typically in an amount that puts the other party in the position they would have been in if the breach hadn’t occurred.
There’s Nothing to Gain
No matter how much you may dislike a contract you’re in, there’s absolutely nothing to gain from breaching it. From the headache of commercial litigation in Maryland to your business losing money, you have a lot to lose. It’s in your business’s best interest to stay in the contract.
If you have further questions about the consequences of breaching a contract, you should speak to a business litigation lawyer. He or she will review your contract and determine if there are any holes in it. If your lawyer finds errors, he or she may advise you on what to do next.
What is commercial litigation?
Commonly referred to as business litigation, the area of Maryland commercial litigation law encompasses civil litigation involving one or more business entities as parties. Typically, the area of law being litigated is specialized due to the nature of the parties involved and the laws in the locality in which the dispute was alleged to have occurred.
What commercial litigation practice areas does Brown Kiely, LLP specialize in?
- Business Torts
- Breach of contract
- Partnership and shareholder disputes
- Trade secrets & restrictive covenants
What are common types of business tort cases?
- Fraudulent Misrepresentation
- Interference with Contractors
- Interference with a Potential Client
- Unfair Competition
What are the components of a contract?
Contracts are legal documents that are established between parties that are intended to uphold obligations.
Contracts can be legally enforced and include four basic components:
- Mutual assent
What is breach of contract?
A breach of contract is said to have occurred when one or more parties is unable to adhere to at least one component of the contract. In the event of a breach, general damages, reliance damages, consequential damages, and specific damages may be pursued in an attempt to make things right between involved parties.
What are common partnership and shareholder disputes that Brown Kiely LLP has handled?
During any point of operation of a business, various disputes could potentially arise. Whether during the formation of the business, or the dissolution of the business our Maryland commercial litigation attorneys have handled a variety of matters pertaining to such disputes inlcuding:
- Partnership or shareholder agreements
- The issuance of shares
- Capital contributions by shareholders or partners
- Confidentiality agreements
- Trade secret agreements
- Breach of fiduciary duty
- Employment agreements
- Severance agreements
- Dissolution agreements
What role does commercial litigation have in trade secrets & restrictive covenant disputes?
Some of the services our Maryland commercial litigation attorneys offer that pertain to trade secrets and restrictive covenants include:
- Identify proprietary information
- Identify what information should be protected
- Audit existing employee and termination policies
- Review any compliance agreements
- Audit and develop strategies to safeguard information deemed to be confidential
- Draft confidentiality agreement
- Draft educational materials about confidentiality
- Evaluate current, or draft new, agreements related to non-competition, non-recruitment, and non-disclosure
- Counsel staff on the correct hiring procedures and termination process
Maryland residents turn to Brown Kiely LLP for assistance with trade secrets and restrictive covenants. Our attorneys have served in house counsel, outside counsel, courts, mediators, government agencies, and others who are seeking either legal advocacy or neutral advisors.
Our attorneys possess a high level of skill and expertise that enables us to achieve desirable outcomes for our clients. We have appeared in both state and federal court and have a proven record of success for our clients.
When facing commercial litigation, an important consideration to make is retaining legal representation that is experienced and licensed in the state where the dispute happened. If you are facing a business-related lawsuit in Maryland, contact Brown Kiely, LLP for commercial litigation Maryland businesses trust.