Disputes and disagreements inevitably arise within businesses and between businesses. If not handled properly, disputes can have a serious impact on a business’ stability or bottom line. A failure to pursue a claim against a person or other company that did harm to a business could mean lost monetary damages and other relief. A failure to defend against a claim could result in judgments and other penalties. A business on either side of a dispute may incur far greater expense and opportunity cost than necessary by missing a chance to resolve a dispute efficiently. In any of these situations, a skilled Chicago business litigation lawyer is central to asserting a business’ rights and protecting its interests.
We focus our practice on complex business disputes, when the stakes and the risks are at their highest. We have achieved great results for our clients at the negotiation table, in mediations and arbitrations, and in the courtroom. With a wealth of legal knowledge and litigation experience, we can perform a quick analysis of the strengths and weaknesses of each case to help our clients minimize their financial risks and obtain the best possible result.
Disputes Within or Between Businesses
Business disputes may arise within a company, with disagreements occurring between the shareholders, members, or partners. This type of dispute can tear a company apart if not handled appropriately. An effective resolution may consist of the exit of one party to the dispute from the company, or a split of the business between feuding partners.
One business may also have a dispute with another business, for most of the same reasons individuals have conflicts. Businesses may disagree over the terms of a partnership or joint venture, or a dispute may arise in the context of a vendor-customer or similar relationship. Our business litigation attorneys can assist Chicago clients with these complicated issues.
Types of Claims in Business Disputes
Disputes may occur, and may lead to litigation, in a wide range of business matters, including:
- Breach of contract, which could occur between a business and an individual principal, or between two or more businesses;
- Breach of fiduciary duty, which most often occurs between a shareholder, member, or partner and the company;
- Interference with prospective clients;
- Breach of express and implied warranties;
- Infringement or misappropriation of trade secrets or other confidential business information;
- Embezzlement or misuse of business assets;
- Trademark and copyright infringement;
- Vendor disputes, including vendor/consumer disputes and vendor/sub-vendor disputes;
- Franchise disputes;
- Disputes between partners, members, or shareholders;
- Disputes arising from mergers between businesses; and
- Joint venture disputes.
Litigation is only one method of resolving a business dispute. Many parties to a dispute are able to compromise, either before or after filing suit, through a negotiated settlement. Various forms of alternative dispute resolution are also available instead of litigation and trial. These include mediation, where a neutral mediator hears all sides of a dispute and helps the parties reach an agreement, and arbitration, where one or more arbitrators conduct a proceeding like a trial and make a recommendation for a fair outcome.
DiTommaso Lubin Austermuehle’s Chicago business litigation attorneys have offices in Oakbrook Terrace and Chicago, Illinois. We represent clients throughout Illinois, including the Chicago area and DuPage County, as well as Indiana and Wisconsin. To schedule a consultation with a business litigation lawyer in Chicago, contact us via email, at (877) 990-4990, or locally at (630) 333-0000.