Rogers, AR Commercial Litigation Attorney
Operating a successful business can be a rewarding and time-consuming endeavor. This endeavor can also become much more difficult if you become embroiled in a serious legal battle. Commercial litigation can arise for a number of issues, and a business owner should be ready to deal with these issues at all times. If you require legal assistance to manage a commercial issue that is affecting your company, you should consult with an experienced Rogers commercial litigation attorney as soon as possible.
At Gunn Kieklak Dennis, LLP, we are dedicated to providing you with the legal representation you deserve to handle legal claims that affect your company. We understand the difficulty of operating a business and litigating a claim, and we are prepared to work with you. To schedule a confidential legal consultation to discuss your potential claim, you should contact an experienced Rogers commercial litigation attorney. You can also contact the firm by using our online submission form.
Common Commercial Litigation Issues in Rogers, AR
A commercial litigation issue can occur under a variety of circumstances. For business owners, certain commercial disputes can substantially affect their ability to operate their company. Fortunately, our firm can focus on your legal claim while you continue to operate your business. The following is a list of common commercial litigation issues that our firm can manage for you.
Contract Disputes
Contracts are one of the most important aspects of running a successful business. The relationships made with other companies and suppliers are essential when drafting a contract. However, there are various occasions where companies may disagree regarding the terms of a contract. For example, if the price of a specific material has drastically increased, a supplier may attempt to violate a contract to renegotiate the price.
Contract disputes in Rogers, AR, can cover a broad range of topics and can pose a number of problems for a business owner. That is why it is important to resolve a contract dispute as soon as possible.
Infringement of Intellectual Property
Intellectual property is essential for a business for a variety of reasons. For example, if a trademark is infringed by another party, this can cause confusion among the public about the true source of a product.
Intellectual property is a broad term that refers to different types of creations and inventions. When pursuing a lawsuit for infringement of intellectual property, you should understand the rights of an intellectual property holder. For example, the owner of a patent will reserve the right to rent their patent to other companies that seek to use it.
The legal remedies for the infringement of intellectual property can vary depending on a number of factors. If a company registered its intellectual property with the appropriate agency, they would be provided with additional protections. For example, if a company patented an invention, it could prevent other parties from using the invention.
Employment and Non-Compete Lawsuits
When hiring a new employee, a company may present that employee with a non-compete or non-disclosure agreement. A non-compete agreement is used to prevent a former employee from working for a company’s competitor. These contracts are usually based on time and place restrictions. For example, an employee may be barred from working for a competitor within 100 miles for a period of six months.
Non-compete agreements often result in commercial litigation because an employee believes they are too restrictive. For example, if a former employee must travel to another state to seek employment due to a non-compete agreement, this may be used to show that the contract was too broad.
Non-disclosure agreements are utilized when an employer seeks to prevent an employee from disseminating trade secrets or other confidential information. For example, if a company wishes to keep their client list a secret, an employee could be in violation of a non-disclosure agreement by using the client list to start their own business.
We understand the importance of enforcing employment contracts, and our Rogers commercial litigation lawyers can help you fight back against a former employee that violated their contract.
Business Defamation
To continue to thrive in this era of business where reviews of a business travel swiftly through social media, a company must protect its reputation. Even a single false review can lead to a company losing valuable customers. In extreme cases, a company could be bombarded with false reviews for any number of reasons, like their views on a political topic. As a result, this will cause the company to be judged based on other factors besides their work and customer service.
The defamation of a company may even be carried out by other competing companies. This can cause severe problems if the other company has a large following. Our firm can help you fight against incidents of defamation that occur across a wide range of mediums, from social media to newspapers.
Generally, there are two types of defamation that may a business should look out for: libel and slander. Libel occurs when a person or entity spreads falsities about a company in a written form. For example, if a customer alleged that your company commits fraud on a social media post, this would be considered libel. Slander is defamation that occurs in oral form, like a speech.
It is important to note that there are various elements that may need to be proven when litigating a business defamation case. At Gunn Kieklak Dennis, LLP, we are here to assist you protect your company from a business defamation lawsuit.
Dissolution of a Business
If you started a business with a colleague, but you no longer share the same goals, it may be appropriate to dissolve the business and part ways. However, when wrapping up a joint endeavor, business partners may disagree on a number of issues. For example, if a partner believes they deserve a more significant share of the profits, they may seek litigation.
If the operating agreement for a company does not identify how to resolve a particular issue, it would be wise to seek the aid of an experienced attorney.
Our Rogers commercial litigation law firm understands the complexity of conducting commercial litigation, and we are ready to represent you. Your business should not be impeded due to a legal issue we can help you resolve.
Statute of Limitations for Commercial Litigation Claims in Rogers, AR
Commercial litigation is a broad area of law that can deal with a lot of topics. This is an important fact to keep in mind when considering that a commercial litigation lawsuit will still have to adhere to the statute of limitations. The statute of limitations sets the length of time that a potential plaintiff has to file a lawsuit against a defendant in a court of law.
It is important to note that the statute of limitations is subject to change depending on the circumstances of the case and type of civil claim that a plaintiff wishes to file. The statute of limitations can even change depending on whether the plaintiff chooses to file in state or federal court. As a result, it would be wise to consult an experienced attorney to learn when the deadline for your potential case has begun to run.
Here is some statute of limitations deadlines that pertain to commercial litigation claims in Arkansas:
- Libel – 3 years from the date of the libel
- Slander/Business defamation – 1 year from the date of the slander
- Written contract breach – 5 years from the date of the breach
- Oral contract breach – 3 years from the date of the breach
- Collection of debt – 3 years
Please avoid assuming the statute of limitations for your Rogers, Arkansas commercial litigation lawsuit. If you are incorrect about the amount of time that you have to file your potential case, you could lose the opportunity to file your case. Specifically, the defendant can submit a motion to dismiss the lawsuit for violating the statute of limitations. If successful, the plaintiff will be unable to pursue compensation for their case.
Besides the filing deadline, there are many other reasons to pursue a commercial litigation lawsuit as soon as possible. For example, if a contract dispute is severely affecting your business, it would be prudent to resolve the situation as soon as possible. Additionally, filing a commercial litigation lawsuit as soon as possible and minimizes the risk of losing valuable evidence and witnesses.
The statute of limitations benefits plaintiffs and defendants. For a plaintiff, the law ensures that the plaintiff will promptly seek compensation for their losses. Alternatively, a defendant will not have to wonder and worry whether they could be sued for some action they took several years ago.
If you are unsure about the statute of limitations for your commercial litigation lawsuit, our firm would be pleased to help you. We can help you build your case and get timely filed with the appropriate court.
Let Our Experienced Rogers Commercial Litigation Lawyer Represent You
If your business has become involved in a commercial litigation case, you should contact an experienced Rogers commercial litigation lawyer today. The legal team at Gunn Kieklak Dennis, LLP possesses decades of combined legal experience, and we would be honored to represent your company in a commercial litigation matter. We recognize how commercial litigation can disrupt a business, and we are here to alleviate your concerns. To schedule a confidential legal consultation to discuss your potential claim, contact Gunn Kieklak Dennis, LLP at (479) 439-9840. You can also contact the firm online.