Business Litigation Attorney in Los Angeles

The Los Angeles business litigation attorneys at The Darvish Firm, APC represent clients and obtain results throughout Southern California and the state of California.

 

The Types of Commercial/Business Litigation We Handle

As Los Angeles Business Litigation Attorneys in Los Angeles, we provide results to our clients in all cases related to business disputes. This means our business litigation attorneys advocate for our clients on business disputes that relate to:

Contract Disputes: Oral or written agreements that may be enforced in a court of law.

Breach of Contract: When a party to a contract fails to fulfill or meet its obligation/s as outlined in the contract.

Purchase or Sales Agreement: Agreements that arise from a purchase and sale transaction.

Partnership Disputes: Partnership disagreements, monetary disputes, or unauthorized disclosure.

Promissory Fraud: when a party enters into an agreement with the intent of not fulfilling its obligations.

Non-Compete Agreements: An employment agreement where an employee agrees not to enter into or start a similar business or trade competing against their employer.

Intellectual Property Infringement: Protected Intellectual property (IP) used by competing businesses. This type of property include intellectual and creative products such as inventions, literary, artistic designs, and ideas.

Bad Faith: Bad faith handling claims by insurance companies. These usually include the refusal to defend a lawsuit, threats against those who are insured, reasonable settlement offer, unreasonable interpretations of an insurance policy.

Negligence Torts: Negligence is a “Tort” which is another name for a private wrong. This is different from a public wrong which is considered a criminal act. Negligence can occur when someone injures you. In the business context, it is when someone slanders your reputation or damages your property. A tort is defined as a private wrong, as opposed to criminal acts which are considered public wrongs.

We at  The Darvish Firm, APC, will evaluate your needs and the circumstances of your case and identify the best legal solution for your case during our consultation with a business litigation attorney. Located in Los Angeles, California, please call us or schedule a consultation to review your business dispute with our team of attorneys at The Darvish Firm, APC. 

 

For More information on the following topics, please read below. 

       What is Commercial Litigation

       What Damages may Business Attorneys Recover

       How long does Litigation Take

       What is Alternative Dispute Resolution

 

 

What is Business or Commercial Litigation?

Litigation is the process by which a case is resolved by a trial in a court or arbitration. More specifically, Business litigation is also known as commercial litigation, which is a practice focused on prosecuting or defending a case in the line of business. Commercial litigation is often more complex business litigation and overlaps in some areas.  

Commercial law relies on the UCC, specifically the 1958 Uniform Commercial Code which was adopted by all fifty states, the District of Columbia, and the Virgin Islands. This allows uniformity among all 50 states and directs all sales and commercial business in these areas. The purpose is to protect consumers from unlawful business practices. It is when negotiating and litigating business contracts; employment agreements and intellectual property where Commercial law and business law merge. 

The Los Angeles Business Litigation Attorneys at The Darvish Firm, APC can help you navigate these issues and identify the best legal solution for your case during our consultation with a business litigation attorney. Located in Los Angeles, California, please call us or schedule a consultation to review your business dispute with our team of attorneys at The Darvish Firm, APC.

 

Find An Experienced Business Litigation Attorney In Los Angeles

As experienced business litigation attorneys, the Attorneys at The Darvish Firm, APC advocate for mediation in most of our Cases. Alternative Dispute Resolution includes both mediation or arbitration. Mediation and Arbitration are explained below by clicking on their respective links.

Avoiding litigation is the first and most fundamental step for a business litigation attorney. However, when litigation is unavoidable and a business or commercial dispute requires litigation, our attorneys are ready to defend your interests in court. As a result, many cases settle and some require them to go to trial. We pride ourselves at The Darvish Firm, APC for being aggressive negotiators and carefully structuring settlements in our client’s favor.

Our goal objective is to create long-lasting business relationships with our clients. This means paying attention to detail, assisting clients by minimizing risk as businesses develop, and identifying issues if our client faces business litigation. It’s a goal at The Darvish Firm, APC to use our legal expertise and tailor our advice to each individual client.

 

What Does A Business Litigation Attorney Do?

The Business litigation attorneys at The Darvish Firm, APC handle a variety of legal issues for entities of all sizes. The majority may revolve around various types of claims which include,

• Breach of contract claims
• Partnership disputes
• California unfair business practice cases
• Nondisclosure and trade secret violations
• Commercial real estate disputes
• Business torts
• Construction disputes
• Loan disputes and lender liability claims

Understanding the complexity of issues that businesses face is just the starting point. Clients trust the business litigation attorneys at The Darvish Firm, APC with their critical litigation skills because they have a passion for working with clients as true business partners which has given us the ability to consistently provide and deliver results.  Our focus to provide results is a byproduct of our ability to draw on our resources to solve legal issues and minimize risk.

  

What Damages Can Business Litigation Attorneys Recover?

Damages are key to every litigation matter. With the help of the Los Angeles Litigation Attorneys at The Darvish Firm, APC, there are a variety of damages you may claim. The law is designed to provide a legal avenue for making the plaintiff whole.

In a breach of contract case, a Plaintiff is entitled to the following types of damages.

1) Compensatory damages –are damages that are designed to make a plaintiff “whole” by placing them in the same financial situation if the contract was not in breach by the Defendant.

2) Liquidated damages –are monetary damages that are identified in a contract that contemplates if the contract was breached because damages are too difficult to ascertain.  

 3) Reliance damages – Reliance Damages are damages that result from the damages the business could have achieved without a defendant’s misrepresentations. These types of damages are more difficult to prove.

Damages that business litigation attorneys may recover included restitution damages and/or punitive damages. Restitution may be awarded to the Plaintiff for the amount the Defendant was able to achieve monetarily. Alternatively, Punitive Damages are awarded against the Defendant in order to dissuade the defendant from engaging in similar practices in the future.

Clients trust the business litigation attorneys at The Darvish Firm, APC with their critical litigation skills regarding Damages as we have a breadth of knowledge in business. Our clients have worked with us as true business partners which has given us the ability to consistently provide and deliver results.  Our focus to provide results is a byproduct of our ability to draw on our resources to solve legal issues and minimize risk.

How long does litigation take?

Prior to covid, trials would normally be set in one year. Unfortunately, because of Covid, the courts are now setting trials in 2023. However, most cases do not go to trial as they settle out of court.

The Los Angeles Business Litigation Attorneys at The Darvish Firm, APC can help you identify the best legal solution and the estimated time to go to trial for your case during our consultation. Located in Los Angeles, California, please call us or schedule a consultation to review your business dispute with our team of attorneys at The Darvish Firm, APC. 

What is ADR or Alternative Dispute Resolution?

In almost every case, before the trial date, the Judge will ask whether the Parties will mediate their case. Mediation is one form of Alternative Dispute Resolution (ADR). Mediation is not a trial but a method to negotiate a settlement. The parties will meet where they are placed in separate rooms, either in an office or via zoom, and an effort is made through a third-party neutral (mediator) to have the parties settle instead of going to trial. If the mediator provides a mediator’s proposal, the mediator’s decision is not binding by the parties and the only way the matter will resolve is either by the litigants agreeing to resolve the matter or by the trier of fact, the judge in case of a court trial or a jury.

Arbitration on the other hand is a non-court trial. Arbitration could be binding or non-binding. They are either conducted by a retired judge or an experienced attorney as the arbiter. In a binding arbitration, the final decision by the arbiter is binding. There are pros and cons to binding arbitration.

When hiring a Litigation Business Attorney In Los Angeles

It is paramount that the attorney you retain is well versed in business and business litigation. The Litigation Attorneys at The Darvish Firm, APC will provide a strategy to meet your business goals and communicate with their clients to effectively minimize cost.  

Prior to any consultation, please have the following questions prepared prior to your meeting.: 

• Always interview several attorneys, at least over the phone.
• Prepare a list of questions for the consultation.
• Review and research the credentials of the attorney that has experience in the type of business your company conducts. How long has he/she been practicing?
• Investigate the attorney’s background.
• Read any retainer agreement, review it and ask about how other costs will be determined. Understand what is covered and more importantly, what is not covered.

All businesses should be prepared with legal representation as unfortunately, addressing litigation is most often a cost of doing business. Business litigation and commercial litigation are very difficult situations and they sometimes become emotional. Looking at a case from purely the legal perspective is not always the best angle because sometimes businesses need to make business decisions to handle litigation.

At The Darvish Firm, APC our skilled business litigation attorneys have won many cases related to business disputes. Our skill and knowledge give our firm the edge in helping you achieve results.

 

Avoiding Business Litigation Altogether

Drafting an agreement is one of the most important aspects of a successful business and the most effective way of avoiding litigation. Having the Los Angeles Business Attorneys at The Darvish Firm, APC may save you time, money, stress and more importunately may eliminate future litigation by minimizing the risk sooner rather than later.

We pride ourselves on having current information on legal issues which is important to preventing litigation. Hiring a skilled business attorney may eliminate unnecessary lawsuits, fines caused by compliance negligence, and more importantly, contractual disagreements.

When drafting an agreement, make sure that you

1. are specific with what everyone’s duties are under the agreement.
2. understand what was agreed to before you sign the agreement.
3. Have your entity name correctly spelled on the agreement.
4. Read any personal guaranty and that you understand that you will be personally liable if you sign the personal guaranty.