Business Disputes

Common Business Disputes in Georgia

Business disputes include both straightforward negligence or breach of contract claims and more complex instances such as fraudulent conduct in which a customer is induced to rely on false claims about another individual’s behavior that results in their loss. Business relationships can also be affected by the actions of third parties, which can create a claim for tortious interference with a business relationship. Below are some of the common business disputes that we handle:

• Breach of Contract and Contract Disputes
• Breach of Fiduciary Duty
• Business Dissolutions
• Fraudulent Business Practices
• Partnership, Shareholder, and Joint Venture Disputes

If you’re facing a business dispute in Atlanta, contact Robl & Bowen right away. In many situations, a lawsuit must be filed before an expiration date set by law, known as a statute of limitations. To avoid losing your right to compensation, call our office now at (404) 373-5180.

Breach of Contract & Contract Disputes

Contracts are the backbone of any business. Most businesses have contracts with vendors, clients, and other partners or owners that set forth both parties’ obligations. Both parties must fulfill their obligations under the contract. When one party feels the other is not keeping to the terms of their agreement, a contract dispute can arise and lead to a breach of that contract. This can lead to financial harm to one or both parties. Contract breaches can harm your company and endanger your assets if left unresolved. At Robl & Bowen, our Atlanta business dispute attorneys can assist you in minimizing losses and resolving contract disputes.

At Robl & Bowen, we strive to resolve disputes without litigation, either through pre-litigation negotiation or alternative dispute resolution options such as mediation or arbitration. We are also prepared to resolve contract disputes through an action for breach of contract or other claim in order to protect you or your business’s rights, and to hold others to the obligations they have committed to.

Breach of Fiduciary Duty

Many types of relationships exist in the business world, and some of those 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 duty ties exist between businesses and their partners, major stockholders, accountants, attorneys, trustees, and other company employees who are obligated to serve the interests of the firm. These individuals owe heightened duties to those they have a fiduciary relationship with. When a fiduciary duty is violated, it can result in financial damage to the company.

When a business relies on the advice of a professional or entity for its knowledge, confidence, and judgment, the professional assumes a fiduciary duty. It is an understanding that the expert, such as an accountant, attorney, or partner will only act in the company’s best interests. When a professional acts in their own self-interests rather than those of the business they work for, legal action may be taken to compensate for losses.

Business Dissolutions

Partnerships, limited liability companies (LLCs), and corporations may all have complex endings. Whether it’s a small company partnership, LLC, or corporation, or a large multinational corporation, dissolving a business might result in corporate conflicts and legal difficulties that can harm the company and its employees. Negotiating fair solutions for all parties may be tough, 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 developed a long-term relationship, 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 ownership to a partner or selling it to a third party. 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, and other unethical business conduct for profit, it may cause significant harm to customers and other businesses. An injunction can help prevent fraudulent commercial practices from continuing. The unlawful actions of the accused party might also result in compensation being paid out to those harmed as a result of their fraudulent business activities. The Georgia Fair Business Practices Act regulates deceptive business practices and what is considered unlawful in the market. 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
• Misleading advertising

Partnership & Shareholder Disputes

Unfortunately, it is common that two or more individuals who start a firm have conflicts. Before a partnership is established, it is critical to draft a strong and clear partnership agreement that defines the partners’ rights and responsibilities. While a partnership agreement may not prevent disagreements between business partners, it can assist in resolving those disagreements in an efficient manner.

Even the most well-written contracts and partnership or shareholder agreements can have disputes in interpretation and application. Therefore, it is important for partners to engage an Atlanta business dispute attorney to review such contracts and agreements to help them fully understand their rights and obligations under a partnership agreement. While alternative dispute options such as mediation or arbitration may be enough to address a commercial problem, litigation may be required to properly protect your rights.

Joint Ventures

In the corporate world, many circumstances may arise where collaboration with another individual or firm can be beneficial. Joint ventures are similar to partnerships but are created when two or more parties engage in a single enterprise to make profit, but without signing a partnership agreement. The parties might not even think of themselves as “partners”, but if they join together for a common purpose to make money, the law may treat them as joint venturers. 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 their involvement.

A written contract is not required for prudent parties in a joint venture, although some joint ventures do have one. 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, 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 organization, necessitating business litigation to settle matters.

Contact Our Atlanta Business Dispute Attorneys Today

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