Every successful business begins with a great idea. Those ideas are to either sell something or to provide a service. It can be a new BBQ restaurant in Gulfport or a plumber who wants to start their own business. What those ideas have in common is that once they move from the planning stages to becoming a reality, an official company is formed.
According to the United States Census Bureau, 60,469 “employer establishments” are operating in Mississippi. “Employer establishments” is government-speak for a business. Every business’s mission is to expand its customer base and become a success, but that is easier said than done. Along the way, there can be many obstacles in the form of disputes and claims against the business that require the skills of an experienced business litigation attorney.
The following are some of the scenarios where you might need to hire a business litigation attorney:
Entering Into Contracts or Agreements
Two of the most common contracts that a business engages in are for employees and leases. While there are templates for those agreements, reviewing the contracts with your business litigation lawyer is essential. They will be able to tailor those contracts to fit the needs of your business. Having a business litigation attorney on a retainer also means you’ll be able to easily adapt and revise those contracts as the circumstances demand.
Regulatory and Compliance Issues
Like it or not, there are a lot of local, state, and federal regulations that every business needs to comply with. The number of regulations depends on the type of business. For instance, a restaurant has to contend with a long list of health and safety regulations that wouldn’t apply to a contractor. Of course, that contractor will have their own list of specific regulations that they need to comply with.
A business litigation attorney can help keep the business owner informed about changes in the regulation. If an inspection generates a negative report, there could be an appeal process to overturn the findings. There might also be issues with fines or temporary closing of the business that require a response. Your attorney can step in and negotiate a resolution with the relevant agencies.
Intellectual Property Disputes
Intellectual property refers to something created and owned by a business. It can be anything from a logo to a comic book character. Sometimes, a business creates a piece of intellectual property that is used by any other entity without the creator’s permission. This requires an attorney to generate a cease-and-desist letter to protect the company’s interests.
For example, suppose your business creates a T-shirt character like the smiley face and starts selling them. If another company steals that design and sells its own T-shirts, you have a right to shut it down.
Fraud Claims
A business is structured to act as an independent entity. If there is a claim of fraud, then the business is the target, not necessarily the business owners. A customer who files a fraud claim accuses the business of not living up to whatever it promised to deliver. That kind of claim can ruin a business’s hard-earned reputation. It is a matter that needs to be addressed quickly with legal intervention.
Breach of Contract
The contracts you provide for your employees or a vendor will detail what you expect from those who sign the contract. If those people don’t honor the agreement, that would be a breach for which you are entitled to seek a remedy. Of course, you could also be accused of breaching a contract and will need legal representation to defend your actions.
Employee Disputes
Every business owner’s challenge is finding the right hardworking staff who share their vision and exceed expectations. Unfortunately, not every hire lives up to the standards expected by the business owner. You might find yourself in a situation where you need to terminate an employment contract. You could also be accused by an employee of a wrongful termination or pay dispute. Your litigation attorney will understand all the applicable labor laws and will be able to provide you with a vigorous defense.
Working with a Business Litigation Attorney
The biggest benefit of retaining the services of a business litigation attorney is that you’ll always get answers to your business-related questions. The attorneys at Owen, Owen & Smith, PLLC, have a great deal of experience providing support and guidance to a variety of businesses throughout Mississippi. We can help with the company formation and any potential dispute. Our goal is to take care of your legal issues so you can take care of the business.
