San Diego Business Dispute Attorneys
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Our business lawyers at Nakase Wade help clients solve their business disputes within San Diego and across California.
San Diego businesses hired more lawyers for dispute litigation in 2023 than in prior years as the economy cools and cash flow tightens. Employment law and contract disputes comprise over half of the respondent reporting. While business conflicts can arise from nearly any business relationship, certain conflict areas are more common than others. A business dispute is any disagreement between businesses that end in court. A business dispute lawsuit is legal when a company sues another business to resolve a conflict. Most business disputes in San Diego result from misunderstandings relating to contract terms. Many business disputes relate to business partners differing goals, values, and opinions. Please get in touch with our business litigation attorney to manage small or large legal issues and lawsuits your business may need to negotiate or resolve.
What is Business Litigation
Business litigation is a dispute between two or more companies which flows out of business and commercial transactions. Litigation is defined as the process through which a legal case sees resolution in trial or by an alternate type of dispute resolution. More complex, commercial litigation does overlap business litigation in some ways.
Business law concentrates on the daily aspects of managing a business, focusing on federal and state laws. Commercial law is predicated on the UCC 1958, adopted in all U.S. states. The UCC expediates commerce across the states and provides uniform laws and guidance and directing sales as well as commercial business. The UCC is meant to defend consumers from unlawful business practices in the U.S. Therefore; business law consists of many facets, such as: negotiation and litigation of business contracts, intellectual property, and employment agreements.
Douglas Wade, Attorney
Our address:
2221 Camino Del Rio S Suite 300, San Diego, CA 92108
Tel: (619) 592-8340
Our San Diego Attorneys Handle Commercial and Business Disputes
Our San Diego business dispute lawyers have achieved positive outcomes for clients involved in various business disputes. Our lawyers have the unique ability to defend clients from unwanted and unwarranted legal action, so they can focus on their companies. Our firm’s business dispute lawyers in San Diego handle business disputes that center on:
- Disputes of Contract: Sometimes, the terms of written or oral agreements need to be explained and enforced in court.
- Sales of Purchase: Clients often need assistance with disputes about transactions or in protecting their legal interests through purchasing or sales agreements.
- Contract Breaches: When parties default on the obligations of their contracts.
- Employment discrimination: The 1964 Act of Civil Rights prohibited discrimination based on national origin, race, skin color, or sex. This is specifically in terms of employment issues.
- Negligence Torts: This occurs when you are injured by someone else or your reputation/property is damaged. Torts imply private wrongs. Criminal acts, on the other hand, are public.
- Employment Laws: 2020 employment laws are: A law concerning independent contractors (AB5), a law concerning data privacy (AB25), a law regarding employee lactation accommodation, a law regarding not being able to waive claims under FEHA (12964.5) unless negotiated; this is defined by a statute.
- Non-Competes: Non-competition clauses usually are placed in employment agreements (specifically contract law) when an employee agrees not to begin a similar trade that would place them in direct competition with their former employer.
- Partnership Disputes: These consist of monetary disputes, disagreements between partners, disclosure violations, and issues between majority and minority ownership of a business.
- Intellectual Property Violations: Property is considered “intellectual” when it is derived from a creative mind, so things like literary and artistic ideas and inventions. IP is protected by the law.
- Antitrust Laws: In order to prevent corporations from transforming into monopolies, these laws regulate trusts, so they do not restrict competition in the market.
- Class Action: These actions are complicated and generally involve multiple persons represented by one single member.
Business Dispute Management
When you are running any type of business, it is essential to not simply be informed about legal matters but legally savvy. Hiring a business attorney can save you time and money while minimizing stress. A lawyer who is skilled in business law can help prevent future dispute through also minimizing risk.
Employment agreements become very important to your company when hiring employees in San Diego, and a business dispute lawyer can help you stay on top of California’s regulations and laws, as well as federal guidelines. Being cognizant of your business’s legal structure and issues while managing your company is important and can help prevent litigation. Finding an expert business lawyer to help navigate legal issues and questions can be the difference between an efficient, successful business and a company that struggles. Additionally, a business dispute attorney can handle contractual disagreements, compliance negligence that can result in fines, and employee lawsuits. To avoid unnecessary business dispute, a lawyer can also help your business take safe, mindful actions that can avoid disputes before they occur, including:
- Making sure contracts with vendors are clear and outlining everyone’s duties pertaining to the contract.
- Reviewing agreements made with other companies in order to make sure that you understand the terms of the agreement before signing.
- Selecting the appropriate business entity.
- Using a trademark to identify your business; this will prevent another company from offering products or services similar to yours in San Diego.
Find A Licensed Business Dispute Lawyer
At Nakase Wade, our team is made up of skilled business dispute lawyers who advocate for alternate dispute resolutions, including mediation and/or arbitration. Our attorneys are experienced negotiators who carefully structure settlements that are favorable for our clients. We see avoiding litigation as the primary step for business litigation attorneys. Our litigation lawyers are prepared to defend our client’s interests at trial, but we work to resolve matters well before that.
Nakase Wade is known for its team of capable litigation attorneys who stand with our clients for as long as it takes to resolve legal issues. We are experts at minimizing risk and developing cohesive strategies when facing business litigation. Helping clients maintain their peace of mind is a priority for us, and we have experience tailoring our counsel to each unique situation.
During a free consultation, our business litigation attorneys will listen to the details of your situation and then pinpoint the optimal solution to your problem. Contact our San Diego attorneys at Nakase Wade today, and we will begin reviewing your company’s legal dispute immediately.
Business Dispute Lawyer: Commonly Asked Questions
Business dispute lawyers are excellent options for businesses of varying sizes who have one thing in common: they are involved in legal disputes of some kind. Since some disputes can cause monetary or property loss, these problems must be solved promptly. When a business knows that it has a legal professional on its side to deal with complex issues, it can breathe a sigh of relief and focus on other important matters. San Diego business dispute attorneys can not only recover damages for your company but can ensure proper protection if and when your business faces litigation.
What Do Business Dispute Lawyers Hope to Accomplish?
Business dispute lawyers work on various legal issues on behalf of business entities of many different sizes. Many of these issues revolve around breached contracts and can consist of supplier concerns, class actions, and issues concerning intellectual property.
Of course, there are other issues that businesses contend with, such as fraud, malfeasance, trade libel, issues with accounting, plus employees’ trade secrets. Often, these problems seem as though they might be able to be solved internally, but that can prove troublesome and time-consuming. Instead, hiring an experienced business litigation lawyer is the right choice in all of these situations.
While it is true that most San Diego companies deal with business litigation regularly, having a business dispute lawyer on your side can help to prevent legal issues from originally occurring. Therefore, hiring a business dispute attorney is a smart anticipatory measure. Litigation lawyers at Nakase Wade in San Diego are adept at drafting contracts and creating and reviewing business agreements. We are also experts at handling business formation inquiries for entrepreneurs.
Who Should Be Handling Internal Business Problems?
We all know that websites aren’t the wisest place to find legal advice. When internal disputes plague your company, you will need to consider not only current issues but the future of the business. Internal problems in the present can lead to both internal and external legal problems later, so it is smart to stay informed, obtain counsel, and make measured, rational decisions. While you may not want to employ a business dispute lawyer right away, a skilled attorney can resolve your dispute cleanly while clearing the air of future problems.
Does My Business Need A Litigation Attorney?
Obviously, it is up to you whether to hire a skilled business litigation lawyer for your San Diego business concerns. Our experience at Nakase Wade tells us that when clients work alongside an attorney early on in their career, they are less likely to contend with long-term damage and disruption of their business from litigation. When you consider your legal needs, make sure to take a look at:
- What remedies and contracts you are familiar with
- Your comprehension of the procedures you must follow
- The available time and resources you have to deal with legal issues without representation
- The damages you might incur to your business if you do not hire an attorney
- The damages you might lose if you do not seek out a business litigation attorney
What Sort of Damages Are Business Litigation Lawyers Able to Recover?
There exist many different damages that clients can obtain with help from business litigation attorneys. These damages are usually meant to provide legal means to make the plaintiff become whole, following an incident where the defendant refused to satisfy the contract that was agreed on. Here are a few examples:
- Reliance Damages: These damages are defined by a question: what could the business have achieved if it were not for the defendant’s misrepresentation? There are two types of reliance damages: restitutive and punitive. Restitutive damages refer to the plaintiff’s ability to recover monetary damages attributed to the defendant, and punitive refer to monetary damages meant to dissuade a defendant from acting in similar ways in days to come.
- Liquidated damages: Monetary or similar damages that are awarded based on terms of the contract in breach.
- Compensatory damages: Intended to help a plaintiff become “whole” through returning the individual to a similar financial situation, that is, if the contract was not breached.
How Long Will This Business Litigation Go On?
The average is 1-3 years, yet many cases do not even see trial and settle outside the courtroom.
Who Is the Plaintiff?
A Plaintiff is simply the individual who filed the complaint. This plaintiff needs to show what caused the lawsuit. Thus the burden falls on them to prove the details of the case.
What About the Defendant?
The defendant is an individual who is attempting to protect themselves from the lawsuit. The plaintiff prepares a complaint, then it is filed in court and goes directly to the defendant. After this, parties bring witnesses, depositions are recorded, and a date for trial is agreed upon.
What is Alternate Dispute Resolution?
Before a trial begins, the judge can ask for ADR. This is a way of bringing parties together by mediation/arbitration, and therefore the mediator or arbitrator will assist with the case in order to attempt to settle before trial. Any decision by the mediator cannot be appealed, and the decision is also not binding to the parties.
Defending San Diego Businesses through Litigation
When your chosen business attorney is an expert at business litigation, she/he will devise a strategy that meets your unique business goals. In order to lower your legal costs and maximize recovery of damages, find a lawyer who you see eye to eye with and who understands your motives and what you expect as an outcome.
When selecting a business attorney, we recommend:
- Asking relevant questions
- Interviewing not only one lawyer but a few
- Checking on credentials, experience, and law firm history
- Checking on the lawyer’s background
- Researching where their office is located
- Reading over the retainer agreement and asking questions
- Asking about up-front costs vs. other costs
- Doing some research into the disciplinary organization in San Diego, California, that will monitor lawyers, their licenses, complaints from consumers
San Diego Business Litigation Attorneys: Nakase Wade
It is important to remember that business litigation attorneys can help you deal with and even prevent legal issues before they occur. Our skilled lawyers are able to defend businesses that are involved in legal disputes. Being aware of the legal issues that impact businesses is important, and our business litigation attorneys at Nakase Wade work hard to keep our clients informed and satisfied.
Every business should be ready for legal action. From commercial litigation to business litigation, when unique situations arise, businesses are forced to deal with them quickly and effectively. That is where our San Diego business lawyers come in. Difficult situations are simply a part of the business world, and whether you are dealing with contracts, business torts, employee issues, or any other issues—an expert team of attorneys can help.
Nakase Wade business litigation lawyers have prevailed in numerous cases of business dispute. Contact us today for a free consultation.