BUSINESS LITIGATION

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BUSINESS LITIGATION
BUSINESS LITIGATION

Individuals are often victims of wrongful conduct of another individual or business. Likewise, businesses can be damaged by the wrongful conduct of another business. If your business is the unfortunate victim of a breach of contract, unfair trade practice or monopolistic practice, we may be able to seek justice for your business.

Also, our trial experience is invaluable in negotiating and reviewing contracts before they are signed. The old adage, an ounce of prevention is worth a pound of cure, often bears true in business dealings.  If a problem develops or you believe that your business is the victim of a wrongful business practice that is unethical, deceptive, or involves a misrepresentation of fact, we can evaluate and give you sound legal advice with regard to business litigation.

Types of major business litigation Munley, Munley & Cartwright has handled for companies include “kill-the-company” cases, where a small or medium-sized business is actually forced out of business because of the negligence, misrepresentation, or simple breach of contract of another person or company. These cases require extensive expert witness involvement, both in establishing why the wrongdoer was at fault and also in setting forth what the value of the lost company was. These cases have included:

  • Lender liability, where a commercial lending institution decides to pull the financing on the entire company, and puts it out of business, for reasons that are inadequate or in conflict with principles of good faith and fair dealing;
  • Accountant and auditor malpractice, where a company’s management or creditors are misled by shoddy accounting work to believe that the financial condition of a company is much different (usually stronger) than it actually was;
  • Product liability, where a vendor supplies defective components to the company, which incorporates them in its manufacturing process and results in so much liability to its own customers that the company must either bring suit against the vendor or go out of business.
Other types of business litigation we have handled includes:
  • Disputes over shareholders’ rights in close corporations and family companies. These have included:
    • Freeze-out of company president/minority shareholder by majority shareholders;
    • Dissenters’ appraisal rights in change-of-corporate governance cases;
    • Disputes over proper accounting for profits by management
  • Defending companies in business and employment suits
    • age and gender discrimination cases
    • trademark infringement cases
  • Breach of Contract cases
    • Miller Act payment bond actions
    • failure-of-performance cases
  • Other Areas
    • Franchise litigation and arbitration
    • Public shareholder NASD arbitrations against major brokerage firms
Our ability to combine traditional hourly rate fee arrangements with contingent fee approaches give us the flexibility that may suit your needs. If you have questions about our business litigation practice, please contact Attorney Matt Cartwright. Also, be sure to listen for him on the Jim Blasingame talk show, www.smallbusinessadvocate.com, where he is a member of the “Brain Trust” and a regular guest.

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