Business Disputes

Breach of Contract & Contractual Performance Disputes

Contracts are the backbone of any business. Most businesses have contracts with vendors, customers or clients, and other partners or owners that set forth the parties’ rights and obligations. When one party asserts that the other is not keeping to the terms of their agreement, a contract dispute can arise and lead to breach of contract litigation. At Robl Law Group, our Atlanta business dispute attorneys can assist you in minimizing losses and resolving contract disputes.

We strive to resolve disputes breach of contract disputes without litigation, including through informal resolutions, and alternative dispute resolution options such as mediation or arbitration. We are also prepared to resolve contract disputes through a lawsuit for breach of contract in order to protect you or your business’s rights, and to hold others to the obligations they owe you. Put our Atlanta business litigation experience to work today in to resolve your breach of contract claim.

Breach of Fiduciary Duty

Certain types of relationships create fiduciary duties. A fiduciary duty is an obligation on the part of a business professional to behave in the best interest of another professional or commercial entity. Fiduciary duties exist between partners in a partnership, members of a LLC, trustees and their beneficiaries in a trust relationship, and others. When a fiduciary duty exists, the individual with that duty owes heightened obligations to those with whom they have a fiduciary relationship. 

Breach of a fiduciary duty can arise if one in control of a business refuses to share information with other partners, shareholders, or members, or take business opportunities for himself or herself to the detriment of others, or misappropriates money or property of the company for himself or herself.  We have experience pursuing individuals who breach fiduciary duties. Put our Atlanta business litigation experience to work for you in your breach of fiduciary duty lawsuit or arbitration action. 

Business Dissolution Disputes

Partnerships, limited liability companies (LLCs), and corporations may all have contentious endings. Winding down or dissolving a business might result in conflicts amongst owners, officers, managers, vendors, lenders, and others. Negotiating solutions may be challenging, and competent legal counsel is imperative to navigate the pitfalls of those situations.

When multiple individuals are involved in business ownership, termination may result in financial and personal conflicts. It’s probable that partners or owners in a firm have long-term personal relationships, and all parties have invested time, money, effort, and ideas into the company. The transition of the company can be either total dissolution, or selling partial or total ownership to a partner, or selling partial or total ownership to a third party. Sometimes bankruptcy is the best option when there is no other alternative. Dissolution can lead to quarrels that necessitate legal intervention from an Atlanta business dispute attorney to achieve equitable resolution.

Fraudulent Business Practices

When a company engages in fraud, misrepresentation, deceptive advertising, or other unethical business conduct for profit, it may cause significant harm. If you have experienced such misconduct, you may have a claim for fraudulent business practices or deceptive trade practices. The Georgia Fair Business Practices Act regulates deceptive business practices and unlawful acts in the marketplace. The following are some of the things that are prohibited by this legislation:

• Misrepresenting the maker of a product;
• False claims on where a product is made or produced;
• Passing used items off as new;
• Making false accusations or claims about another business;
• False claims about a product or service’s quality; and
• Misleading advertising.

Monetary damages might be obtained for such misconduct, or an injunction can help prevent fraudulent commercial practices from continuing. Contact us if you believe you have a claim for fraudulent misconduct or deceptive practices.

Partnership & Shareholder Disputes

Unfortunately, it is common for two or more individuals who start a corporation, limited liability company (a/k/a LLC), or other entity to have conflicts. Most corporations are governed by Articles of Corporation, ByLaws, and Shareholder Agreements. Most LLCs are governed by a written Operating Agreement. Partnerships are typically governed by a written partnership agreement. However, even the most well-written business entity agreements can be the subject of disputes over their interpretation and application. Therefore, it is important for partners in a partnership experiencing a business dispute to know their rights under their partnership agreement, for shareholders of corporations to know their rights under ByLaws and Shareholder Agreements, and for members of LLCs know their rights under their Operating Agreement. 

Protect your rights by engaging an Atlanta business dispute attorney. We can review your contracts and business agreements so that you fully understand your rights and obligations under your partnership agreement, shareholder agreement, or operating agreement. 

While alternative dispute options such as mediation or arbitration may be enough to address a commercial dispute, litigation may be required to properly protect your rights. We have the experience with shareholder disputes, partner disputes, and LLC member disputes that you need.

Joint Venture Disputes

Joint ventures arise when two or more parties engage in a single enterprise to make profit, but do not have an agreement to form a corporate, limited liability company (also known as LLC), partnership, or similar form of entity. Unfortunately, if one party does not fulfill their obligations of the joint venture, it may result in financial damage to the other involved party or parties. It is also possible for all members of a joint venture to be sued by a third party who has been harmed as a result of the joint venture.

A fiduciary relationship between the participants is typical in joint enterprises. Each member of the joint venture is expected to act in good faith and fairness, and to share information with other members of the joint venture, putting the group’s collective goal above their own personal interests in most interactions. When one partner of a collaborative venture violates his or her fiduciary duty or breaches a contract, it can result in financial damages to others in the joint venture, necessitating business litigation to settle matters.

Conversion of Property. 

Conversion of property occurs when someone takes property of another person or entity and wrongfully converts it to their own use. Conversion is a tort (meaning a civil, as opposed to criminal wrong, apart from breach of contract). Tort claims carry with them the right to seek punitive damages to punish the wrongdoer and to deter them from similar misconduct in the future. 

If a former business partner, ex-employee, competitor, or other person or entity has taken property of yours, we can assert your conversion claim in the proper forum. 

Arbitration of Business Disputes

Many business disputes are resolved by arbitration. Arbitration is a process in which the parties forego having a judge or jury resolve their dispute, and instead employ a private decision-maker as the arbitrator of their disputes. 

Arbitrations can have benefits of privacy (pleadings are not filed in court records that would be available to the public, and the arbitration hearing does not take place in a public courtroom) and speed (with arbitration hearings frequently occurring within months of initiating arbitration, as opposed to a year or two before parties would often have a trial in a court).

We have experience resolving business disputes through arbitration. We have handled arbitrations before the most commonly used arbitration services in metro Atlanta, including the American Arbitration Association, JAMS, and Henning, and our experience includes representing both claimants and respondents in arbitration proceedings. We have arbitrated business disputes for, and against, banks, private individuals, and companies of all sizes. 

When an arbitration award is entered by an arbitrator, if the losing party does not voluntarily pay the arbitration award, the next step is for the prevailing part to “confirm” the arbitration award in a court. Confirmation of an arbitration award results in the arbitration award obtaining the effect of a court order or judgment. A confirmed arbitration award can then be enforced through legal remedies such as garnishment, levy, foreclosure, and similar collection processes. We have experience confirming arbitration awards, and assisting parties in resolving arbitration awards against them. 

Contact us to put our experience arbitrating business disputes to work for you today. 

Contact Our Atlanta Business Dispute Attorneys Today

If you’re facing a business dispute, don’t leave the outcome to chance. These types of cases can often result in problematic outcomes if not handled correctly. At Robl Law Group, we have experience dealing with serious business disagreements. Contact our Atlanta business dispute attorneys today to learn more about how we can help you or your business.