A litigator is a licensed attorney who practices a legal specialty working with organizations or individuals involved in legal matters.
These legal matters are usually started to ultimately be resolved in a court of law.
Litigation lawyers professionally represent either a defendant or a plaintiff in an ongoing lawsuit that can be a civil or criminal legal matter.
A business litigation attorney is a legal professional who employs their education and skills to manage large and small legal issues (primarily lawsuits) that any legal entity or business may need to negotiate as a regular course of business
Business litigation attorneys manage conflicts that arise from many different aspects of business.
From workplace discrimination to breach of contract allegations, business litigation encompasses a wide range of different issues.
Some may involve a large company with hundreds of employees.
Others may be an issue between a single employee and a small family-owned business.
Here are some of the most common examples of issues that lead to a need for business litigation services.
Employment
We spend much of our lives doing our jobs, so perhaps it’s no surprise that employment issues are common.
Most of these issues require us to navigate both federal and state law.
Examples of employment disputes include, but are not limited to:
Issues over wages, hours, and breaks
Workplace harassment
Discrimination
Wrongful termination or retaliation
Breach of non-compete or nondisclosure agreements
FMLA (Family and Medical Leave Act) violations
Partnership
In some cases, the issue isn’t between an employer and employee, but between business partners.
Issues may arise over misappropriated funds, wrongful activity, or simple disagreements regarding how to run the company.
These claims often involve one partner breaching a fiduciary duty to another partner.
While the perfect scenario would be internal problem-solving, some disagreements become full-blown feuds.
This type of case requires a business litigation attorney to represent the interests of each party.
Breach of contract
Contracts are a part of everyday life, especially in the world of business.
Terms of employment and transactions for services are just a few aspects of companies that are contractual.
The success of your business depends on everyone fulfilling the obligations they are contracted for.
Unfortunately, breaches of contract are common, and they can have a serious impact on all parties.
This is another area of business law that can vary greatly from state to state.
Intellectual property
Businesses and independent contractors depend on the right to own intellectual property.
This is often the reputation an entire career is built upon. It’s also the source of continued revenue and financial stability.
Examples include:
Trade secrets – Confidential business information that gives you an edge against other companies in your industry
Trademarks – Words, symbols, or colors that distinctly differentiate your brand from other competitors
Copyrights – Rights to distribute your intellectual property, such as software, graphic arts, books, etc.
Patents –Utility or design rights to an invention that prevents others from stealing your ideas
Class actions or product liability
For businesses providing products or services, there is a lot of pressure and responsibility.
Even with the best processes in place, issues may arise.
When many customers, clients, or even employees have been affected, the result can be a class-action lawsuit.
Examples include:
Injuries or illness due to a product
Data breaches
Employment practices
Who do Business Litigation Lawyers Work for?
A litigation lawyer who specializes in business matters may work directly for a larger law firm or as in-house counsel for a large corporation.
However, many experienced, quality business litigation attorneys work as self-employed consultants.
This tends to happen because most businesses do not (fortunately) find themselves embroiled in legal action often enough to warrant the salary of an in-house, full-time business litigation counsel.
Business Litigation Professional Responsibilities
A business litigator’s responsibilities include:
Disputes arising from contract negotiations or interpretations.
Conflicts arising from a breach of contract.
Business partnerships and interconnected business activities.
Disputes arising from shareholders’ concerns of managerial direction and control, for public entities.
Disputes arise from dismissals from disgruntled employees who claim to have been fired wrongfully, among others.
