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Business Law

Our firm represents business and financial service clients in litigation matters, including claims for breach of contract, unfair business practice, fraud, and other business torts. Our approach is aggressive, with an emphasis on pre-judgment remedies when they supply the most effective remedy. Where appropriate, we utililize other methods to achieve results such as, mediation, arbitration or other alternative dispute resolutions to minimize the potentially high cost of litigation. Our attorneys have successfully represented both plaintiffs and defendants in sophisticated litigation.

Overview of Business Law Litigation

Any partnership, corporation, limited liability company, sole proprietorship, or joint venture may someday face the need for a civil trial attorney. Disputes leading to litigation, the process of litigation, and the aftermath of a trial not only consume a company’s financial resources, but also interfere with day-to-day operations, strain relations between partners, and threaten the stability of the company. The services of an experienced and effective trial lawyer may save a business from dissolution or bankruptcy.

What Is Business Law Litigation?

Business litigation is a broad term covering lawsuits brought before the courts to resolve problems in business.

Areas in which Neal Cannon litigates for either plaintiff or defendant include:

Securities fraud

Entrepreneurial issues

Breach of contract

Dissolution of corporations and partnerships

Shareholder disputes

Accounting liability

Professional liability

General contractor disputes

Uniform Commercial Code disputes

Partnership disputes

Foreclosure

Insurance coverage issues (Plaintiff only)

Debt collections

Unfair competition

Collections defense

The Litigation Process

The plaintiff initiates a lawsuit by filing a complaint against the defendant, setting out the facts in a petition and requesting relief /damages in the form of compensatory and, where applicable, punitive damages.

The defendant must reply to the petition within a strict deadline. If you or your company has been served with a complaint, it is extremely important that you consult with an attorney immediately. If the defendant fails to respond in a timely manner, generally a default judgment (a final judgment granting the plaintiff all relief requested) will be granted to the plaintiff.

If the defendant believes that it has a claim against the plaintiff and that relief should be granted in the defendant’s favor, the defendant has the right to file a counterclaim seeking relief against the plaintiff.

Pre-Trial Procedures

Before any case goes to trial, background work is done through discovery, a process involving the plaintiff and defendant, their legal counsel, any potential witnesses, and experts. Documents and information are exchanged, witnesses and experts are identified, and depositions (live testimony under oath) are taken. While this process can be time-consuming and intensive, it is often the most important part of litigation. Cases are often won or lost on the basis of discovery.

Settlement or Trial

Often, when discovery has allowed each side in a case to assess the strength of the opposing party’s claim, the parties will reach an agreement before trial. If not, the evidence and arguments developed during discovery will be presented to the judge or jury for a decision. A skilled trial lawyer will present the evidence in a manner that builds a strong case and convinces the judge or jury to rule in the client’s favor.

Appeal

A party who receives an unfavorable ruling may appeal the court’s decision if grounds for appeal can be established. Law Offices of Kennith L. Peterson has extensive experience as lead counsel in the California appellate courts, and can advise you regarding possible grounds for appeal in your case.

Contact Law Offices of Kennith L. Peterson. to have your business problem or lawsuit situation reviewed by a civil trial lawyer.

Information contained in this site is provided for general information
and is not intended to be legal advice concerning specific issues.
Copyright © 2008, Law Offices of Kennith L. Peterson
All rights reserved worldwide.