Operating a successful business can be both time-consuming and rewarding. In some cases, running a business can even become severely stressful if you find yourself engaged in a situation that requires you to seek commercial litigation. Commercial litigation issues can manifest in a number of ways, which is why it is important to consult with an experienced Maryland commercial litigation attorney when they do.
At the Heyman Law Firm, we are dedicated to providing you and your business with the legal representation necessary to pursue a resolution of a commercial litigation issue. Our firm recognizes how a serious commercial litigation issue could affect a business, and we are here to alleviate your concerns. To schedule a confidential legal consultation, contact the Heyman Law Firm at (410) 305-9287, or contact us online.
Common Commercial Business Issues
Commercial litigation can encompass a wide range of business issues. Many commercial business issues have the potential to seriously impact how a business operates. The following is a list of common commercial business issues that may arise in day-to-day businesses.
Breach of Contract
A breach of contract occurs when one party to a contract fails to meet the obligations they agreed to in the contract. For example, if one company were supposed to supply goods to another company but failed to deliver the goods on time, this would be considered a breach of contract. Other scenarios that constitute a breach of contract include:
- Informing the other party to the contract that you do not intend on honoring the contract
- Taking steps that impact the other party’s ability to perform the contract
The lack of a valid contract is another issue that can lead to commercial litigation. There are multiple elements that determine whether two parties have a valid contract:
- An offer
- Acceptance of the offer
- Consideration
- Mutual assent between the parties
It is essential to make sure that you execute a written contract with another party and that each party to the contract has signed the contract. While it is possible that an oral contract could be valid, it is more difficult to prove the validity of a contract if there is no document to reference. Additionally, there are certain contracts that must be in writing, as a contract for the sale of real estate.
Non-Compete Contracts
Protecting intellectual property is an important part of every business. When an employee of a company decides to resign and work for another company, there is a possibility they could leak valuable company information if they continue to work in the same sector. A non-compete contract can help resolve this issue.
To prevent an employee from taking trade secrets and other intellectual property to a competitor, a company will request that an employee sign a non-compete agreement. This agreement is typically signed when the employee starts working for the company. A non-compete agreement prevents an ex-employee from working for a competitor for a brief time period and may even prohibit the employee from working within a certain mile radius of their former employer.
There are other types of non-compete agreements that could be executed between an employer and an employee like non-solicitation agreements that could trigger a commercial lawsuit.
Partnership Disputes
Partnership disputes can arise for a number of reasons. One possible reason for a partnership dispute is that the partnership agreement fails to address a certain issue. A partnership agreement outlines the parameters of a business and details each partner’s role in the business. However, if the partners of a business failed to draft a partnership agreement or the agreement is silent regarding a certain issue, it can be difficult to resolve a dispute.
Issues that a partnership agreement should address include:
- Which partner handles day-to-day operations
- The compensation to be paid to each partner
- Determining how debt is assigned between the partners
- What to do in the event a partner wishes to retire
There are various other reasons that a commercial litigation issue might arise. In some cases, it may be necessary to pursue an injunction or a temporary restraining order when extreme commercial issues arise. The Heyman Law Firm can help you evaluate your business issue and determine the appropriate way to proceed.
Work with an Experienced Maryland Commercial Litigation Lawyer Today
If you require legal assistance handling a commercial issue for your business, you should contact an experienced Maryland commercial litigation lawyer today. The skilled business lawyers at the Heyman Law Firm possess extensive experience in a wide range of commercial issues, and they would be proud to use this experience to represent you. To schedule a confidential case evaluation, contact the Heyman Law Firm at (410) 305-9287.