Business Disputes
Experienced Litigation Attorneys Serving the Atlanta Area
Any business may get into a dispute at some point. Whether the dispute involves disagreements between partners or concerns about a contractual breach with a vendor or another outside party, these disputes have the potential to derail business operations. At Parks, Chesin & Walbert, our Atlanta business litigation lawyers are dedicated to representing clients in these disputes and have earned numerous landmark victories. Among the matters that we handle are shareholder and partnership disputes, breach of fiduciary duty claims, trade secret litigation, unfair competition claims, deceptive trade and debt collection practices actions, and alleged interference with business or contractual relations. Below are some examples of the cases that we have handled.
We successfully defended a large health care provider against a competitor’s action asking for millions in injunctive relief under the theory that the client’s relationship with the plaintiff’s prior medical director constituted tortious interference with business and contractual relations. We persuaded a Hall County Superior Court that client information at a tax preparation company was entitled to trade secret protection. Also, we successfully stopped a Georgia government agency from releasing trade secrets and confidential information to a business competitor. We have also obtained a preliminary injunction stopping a landowner from erecting an obstruction on property that would interfere with our client’s ingress and egress to his property. Serving clients throughout the Atlanta area, our business litigation attorneys are well known for our knowledge and experience in matters in which the private sector and the public sector intersect.
Partnership and Shareholder Disputes
When two or more people go into business together, there are bound to be disagreements. It is critical that a strong and clear partnership agreement be put in place before a partnership is formed. The partnership agreement will specify the rights and obligations of the partners. However, sometimes disputes may arise between partners in spite of a clear agreement. It may be possible to turn to the agreement to determine how a dispute should be decided. However, in some cases, the agreement is vague, or the language is complicated. Sometimes it is appropriate for partners to negotiate with the assistance of attorneys who can help interpret the partnership agreement. In other cases, a business dispute may be resolved through mediation, but sometimes litigation is necessary.
New business ventures should plan for the possibility of a dispute between shareholders by drafting a shareholder agreement to govern shareholder disputes. Often, disagreements within an enterprise involve complex issues arising out of corporate, tort, and sometimes governmental law, and it is crucial to hire an Atlanta business litigation attorney who is knowledgeable in all of these areas.
Breach of Contract Litigation
Often, disputes occur between two or more businesses based on an alleged breach of a contract or alleged non-performance of a contractual obligation. A breach of a contract involves a failure by a party to perform under a contract when that party has no legal excuse. In Georgia, the party that did not breach the contract can recover all of the damages that arise normally and naturally from the breach of the contract. The party to the contract that did not breach it can recover all of the damages that the parties to the contract believed would accrue if the contract were breached. The party that did not breach is also entitled to recover reasonable expenses that were incurred in complying with the contract. In addition to monetary damages that may be available, a party that suffered losses from a breach may be able to ask the court to set aside the contract. After a contract is rescinded or during the rescission process, they may be able to seek damages available under the law.
Discuss Your Options with a Business Litigation Lawyer in the Atlanta Area
Business disputes can be difficult to resolve. We have a reputation for innovative approaches to legal problems. Our attorneys have earned respect in our field and gotten justice for clients. Whether you are looking for legal counsel or for representation in litigation, let one of our skillful attorneys look at your case. We represent clients in Fulton, DeKalb, Gwinnett, Forsyth, and Glynn Counties. Call us at 404-873-8048 or complete our online form.