Springdale, Arkansas Commercial Litigation Attorney
One of the certainties of operating a business is that you will encounter an issue that requires legal action. Commercial litigation encompasses a wide range of topics that may affect your business, like a contract dispute or intellectual property infringement. Depending on the legal issue that your business needs to handle, litigation may be your best option to protect your company. If your business needs assistance dealing with a commercial dispute, you should consult with an experienced Springdale commercial litigation attorney.
The Springdale commercial litigation attorneys at Gunn Kieklak Dennis, LLP would be proud to provide you and your business with legal representation tailored to your unique problems. We have extensive experience litigating various types of commercial disputes, and we are prepared to represent your company aggressively. To schedule a confidential legal consultation, call Gunn Kieklak Dennis, LLP at (479) 717-9068.
Common Types of Commercial Disputes
A commercial dispute can arise for several different reasons. Disputes between multiple businesses can quickly evolve into a complex issue that requires litigation. The following is a list of common types of commercial disputes.
A breach of contract is one of the most common types of commercial disputes. A contract is an agreement between two or more parties to exchange goods or services. A breach of contract happens when a party to an agreement does not complete the contractual duty they agreed to perform. For example, if a company contracts to deliver a vehicle to another business for a certain amount of money, and they do not deliver the vehicle, they have breached the contract.
Contracts can be legally enforceable whether they are oral or written. However, it is better to have a written contract so that you can refer to it when another party breaches the agreement. Additionally, there are some circumstances where it is necessary to have a contract, like when you execute an agreement for the sale of land.
The remedies for a breach of contract depend on the circumstances of the breach and the terms agreed to in the contract. Some common remedies include damages or an injunction to force the breaching party to perform their half of the contract.
A non-compete agreement is a type of contract designed to keep an employee from working with a company’s competitors after they resign. Typically, employees are required to sign this agreement before they begin working for an employer. If you have a former employee that is violating a non-compete agreement by working with your competitors, you may have a valid cause of action.
Non-compete agreements are usually aimed towards a certain geographical area and have a time limit for how long the employee must wait before working in a particular field. It is important to note that non-compete clauses are not enforceable if they are overly broad. For example, you cannot prevent a former employee from working at a similar business throughout the entire state of Arkansas; the geographical area should be kept within a couple of miles.
If you have certain processes and trade secrets that keep your business successfully operating, a non-compete lawsuit can help you prevent a former employee from divulging these secrets.
Intellectual Property Infringement
The creation of intellectual property is a large part of running a successful business. The copyrights, patents, and trademarks your company develops are what represents your company to the general public. If another party abuses your intellectual property to sell or promote their services or products, they are taking your profits and hurting the goodwill associated with your business.
Various types of litigation can arise from intellectual property infringement. For example, if a competitor sells products similar to yours and also uses your slogan to promote these products, they are committing trademark infringement. Alternatively, your case could be one of copyright infringement or patent infringement.
To get the best remedies for an intellectual property case, you should ensure that you have registered your unique intellectual property. While you can pursue some remedies when you have not registered your work, you may be unable to pursue damages or injunctions against an infringer under certain circumstances.
This is not an exhaustive list, and there are many other types of commercial litigation issues that our firm can help you resolve.
Our Springdale Business Law Lawyers Can Help You Begin a Commercial Lawsuit
At Gunn Kieklak Dennis, LLP, our dedicated Springdale commercial litigation attorneys are prepared to guide your company through complex business litigation. We understand the desire to protect your business from other individuals and corporations that are negatively affecting your company. To schedule a confidential legal consultation to discuss your commercial claim, contact Gunn Kieklak Dennis, LLP at (479) 717-9068.