Cincinnati Business Dispute Attorney
Business disputes can catch business owners off guard, and if not resolved quickly, can become a significant distraction from the business. In evaluating the legal options, it is crucial that your counsel understand the areas of business torts and commercial to provide the appropriate strategy.
In most situations, business disputes can be settled out of court, and our Firm looks for creative solutions to help our clients achieve the best outcome with the lowest cost in time and fees.
Business disputes, however, are usually factually complex, and the parties should be prepared to file necessary lawsuits to protect their interests. Formal discovery of documents and witness testimony is often the only way to learn the facts to be in a position to properly assess the risk and value of resolving the dispute.
Types of Business Disputes
Our attorneys are willing to review cases and represent plaintiffs in a wide range of business law, including the following practice areas:
- Accounting Malpractice
- Financial Fraud
- Securities Fraud
- Insurance Bad Faith
- ERISA Lawsuits
- Intellectual Property Rights
- Employment Law
- Breach of Trust
- Partnership Disputes
- Non-compete Lawsuits
- Non-Disclosure Agreements
- Wrongful Termination
- Whistleblower Retaliation Protection
- Misappropriation of trade secrets
- Employee Discrimination
- Minority Shareholder Disputes
- Tortious Interference with Contract
- Breach of Fiduciary Duty
- Financial Advisor Negligence
- Stockbroker Negligence
- Private Placement Fraud
- Trustee Negligence
- Board of Directors Negligence
- Breach of Commercial B2B Contracts
- Breach of Buy-Sell Agreements
- Breach of Manufacturing Agreements
- Breach of Partnership Agreements
- Breach of Maintenance Agreements
- Breach Employment Agreement
Joe Lyon has 17 years of experience representing plaintiffs in complex litigation against some of the largest companies in the world.
The Firm offers contingency fees on certain cases advancing all costs of the case and accepts the financial risk of the litigation to allow the clients access to court and reduce the financial stress while they focus on ongoing business needs.
In most cases, the Firm does not seek reimbursement for fees or costs in the event of a non-recovery.
Partnership disputes are the most common form of business disputes. Often partnership disputes arise because of a failure of the partners to draft a formal and enforceable partnership agreement. From the outset of the business formation, a strong partnership agreement should be written that emphasizes how the business will operate and how profits and liabilities will be shared.
As businesses grow, disputes often arise where one partner, typically a limited passive partner, may feel that the profits are being used to benefit other partners in terms of unreasonable salaries or simply wasted on non productive aspects of the company. The salaries and waste diminish any distributions that should have flowed through to the passive partner.
Another issue that is common, is the sale of the company. Limited partners may feel that the sale of the company is being forced or for an amount that is not in line with the true market value.
Business Dispute Litigation FAQ
Below is a summary of the various types of intellectual property laws that are relevant to the permissions process.
- Copyright. Federal copyright law protects original creative works such as paintings, writing, architecture, movies, software, photos, dance, and music. A work must meet certain minimum requirements to qualify for copyright protection. The length of protection also varies depending on when the work was created or first published.
- Trademark. Brand names such as Nike and Apple, as well as logos, slogans, and other devices that identify and distinguish products and services, are protected under federal and state trademark laws. Unlike copyrighted works, trademarks receive different degrees of protection depending on numerous variables, including the consumer awareness of the trademark, the type of service and product it identifies, and the geographic area in which the trademark is used.
- Right of Publicity. A patchwork of state laws known as the right of publicity protects the image and name of a person. These laws protect against the unauthorized use of a person’s name or image for commercial purposes—for example, the use of your picture on a box of cereal. The extent of this protection varies from state to state.
- Trade Secrets. State and federal trade secret laws protect sensitive business information. An example of a trade secret would be a confidential marketing plan for the introduction of a new software product or the secret recipe for a brand of salsa. The extent of trade secret protection depends on whether the information gives the business an advantage over competitors, is kept a secret, and is not known by competitors.
- Right of Privacy. Although not part of intellectual property laws, state privacy laws preserve the right of all people to be left alone. Invasion of privacy occurs when someone publishes or publicly exploits information about another person’s private affairs. Invasion of privacy laws prevent you from intruding on, exposing private facts about, or falsely portraying someone. The extent of this protection may vary if the subject is a public figure—for example, a celebrity or politician.
Mercantile law is more commonly known as trade law or commercial law—and it describes the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.
Commercial law focuses on the sale and distribution of goods, whereas business law focuses on the other aspects of business, including mergers and acquisitions, shareholder rights, employment disputes and property issues. Business law is regulated by both Ohio law and federal law. The federal government primarily governs finance, workplace safety and employment issues, though state laws can differ slightly.
Non-compete disputes involve contracts in which former employees agree not to compete with an employer for a specified period of time. Most non-compete lawsuits involve former employees soliciting business from the employer’s customers and not disclosing confidential information.
Properly drafted non-compete contracts are critical for enforceability and adequate protection. Even if litigation cannot be avoided, non-compete agreements in place will help make litigation and settlements easier for all parties.
Two common types of breach lawsuits include:
Breach of contract lawsuits:
A contract, or any legally binding agreement, presupposes that both parties must fulfill the terms of the contract. If a contract breach occurs, the affected party can seek legal action and compensation for any actual past, current or future losses.
Commercial attorneys negotiate contracts and commercial agreements, and file lawsuits when the following contracts are broken:
- Commercial B2B Contracts
- Buy-Sell Agreements
- Manufacturing Agreements
- Partnership Agreements
- Maintenance Agreements
- Employment Agreements
Breach of Fiduciary Duty
Breach of fiduciary duty generally involves allegations that an individual or company breaches a duty to others. A fiduciary duty requires a level of loyalty and there are both legal and ethical implications. A breach of fiduciary duty commonly includes claims of fraud and breach of contracts.
Breach of Duty claims should be addressed as soon as possible with the help of business litigation attorneys experienced in commercial law.
Business fraud occurs through the omission, deception or misrepresentation of a contract, prospect, investment, project or other business entity. Business fraud litigation can result in monetary damages and irreparable damage to the reputation of a company or brand. Victims of fraud should consult an experienced business law professional. Fraud disputes involve various areas of law and may involve:
- Fraudulent Inducement or Concealment
- Misrepresentation, Omission, and Non-Disclosure
- Intellectual Property Issues
- Tortious Interference