Practice Areas BUSINESS & COMMERCIAL LITIGATION
If you have been in business long enough, you know that disputes are almost inevitable and essentially a cost of doing business. No amount of preparation will eliminate all risk, so one of the best investments you can make in your business is to retain the services of a trusted attorney. An experienced business and commercial litigation attorney will work tirelessly to enforce and defend your legal rights, protect your assets, and support your business goals. If you have a legal issue involving business and commercial litigation, please Contact Us.
BREACH OF CONTRACT
Contracts allow parties to reduce to a writing the foundations of their business enterprise and/or relationship and commit themselves to a course of conduct. Sometimes these contractual agreements need to be enforced, defended, or otherwise interpreted in court.
A lawsuit based on a breach of contract may be necessary to enforce or interpret the terms of the contract or resolve issues related to fraud, duress, the legality of the contractual terms, or errors in the contract.
Remedies for contract disputes vary and may include monetary damages or specific performance compelling one party to satisfy specific contractual terms.
We have handled a variety of contract claims involving different industries, including business buy-sell agreements, brokerage and financial management services agreements, profit-participation agreements, licensing and royalty agreements, medical and healthcare partnership or services agreements, and commercial operating and lease agreements.
BREACH OF FIDUCIARY DUTY
A fiduciary duty arises in certain well-defined close financial relationships (e.g., partnerships, corporate officers and directors, financial advisers, brokers, et cet.) but also may be implied from circumstances.
A fiduciary duty imposes added and special requirements upon the fiduciary given the sensitive relationship at issue. Among other things, a fiduciary may not take advantage of their position of trust or act selfishly in support of their own interest.
We are experienced in dealing with a variety of breach of fiduciary duty claims in different industries and contexts. We have handled claims of fiduciary malfeasance involving partnership disputes and dissolutions, financial management, brokers, and corporate governance and stewardship.
COPYRIGHT, TRADEMARK, AND MISAPPROPRIATION OF TRADE SECRETS
Intellectual property may be a company’s most treasured asset. A company’s trademark, copyrighted works, and trade secrets will likely represent the culmination of years of sweat equity spent advancing and fostering its business and reputation. A company must protect its intellectual property or risk abandoning it to the marketplace.
The Rogson Firm regularly handles enforcement and protection of the intellectual property rights of its clientele with an emphasis on the fields of trademark, copyright, and trade secrets.
We have acted on behalf of brand name companies to enforce their rights against counterfeiters and unauthorized derivative works. We have also acted as counsel on behalf of trademark licensors who are sued by a third party for infringement based on the activities of a licensee. We also routinely handle claims relating to trade secret misappropriation.
CONVERSION, FRAUD, INTENTIONAL INTERFERENCE, AND RELATED TORTS
Intentional business torts like fraud claims add a different dimension to any business dispute. Aside from the additional and exacting legal requirements for any such intentional tort claim, there is a degree of personal responsibility with respect to fraud or other intentional tort claims that cannot be avoided through the involvement of corporate entities. Accordingly, such claims should be pursued or defended, as the case may be, with care and precision.
On the defense side, we are often successful in defeating such intentional tort claims early in the litigation. On the plaintiff side, we are often successful in surviving early stage challenges to such claims because we have carefully pleaded and supported them.
We have handled securities fraud claims involving multi-million-dollar corporations and common law fraud claims involving fraudulent inducement, intentional misrepresentation, and concealment from both the defense and plaintiff’s side.
Accordingly, we are experienced in dealing with fraud claims and other intentional torts from a variety of angles on behalf of our clients.
UNFAIR BUSINESS PRACTICES, UNFAIR COMPETITION, AND FALSE ADVERTISING
Protecting your business and yourself from unfair business practices is an unfortunate necessity in today’s world. Unfair business practices subvert the basic principles of a fair marketplace under which each company and individual must operate under the law. It also undermines the legally established expectations of consumers.
It is important to protect yourself and your business from unscrupulous business practices. Whether you are a business that is dealing with an unscrupulous competitor maligning or counterfeiting your product or service, or a consumer that has been duped by false advertising into buying a product or service, we have experience litigating unfair business practices, unfair competition, and related false advertising claims on behalf of our clients as both plaintiffs and defendants.