Business And Commercial Litigation
Austin-Based Attorneys Serving All Your Business And Commercial Litigation Needs
At O’Toole Atwell, our attorneys serve as counsel in business and commercial litigation matters for companies of all sizes. Our well-honed approach to litigation allows us to resolve even the most contentious of disputes, and to keep costs as contained as possible. We have extensive experience not only in traditional forms of litigation, but also in increasingly popular alternative dispute resolution methods such as arbitration and mediation.
Our goal is to not only resolve your current litigation matter, but also reach an outcome that preserves the long-term well-being of your company.
Our Business And Commercial Law Practice
Below, you will find a representative sample of the types of business and commercial litigation cases that we handle. This list is far from exhaustive, but serves to highlight the capabilities and resources of our firm. We invite you to contact us for an analysis of your particular situation.
Our practice encompasses:
- Breach of contract: This includes disputes related to service contracts, vendor agreements, licensing agreements and sale/purchase agreements.
- Partnership and shareholder disputes: Our services in this area extend to matters involving dissolution, wrongful conduct, shareholder oppression and finance-related disputes.
- Trade secret infringement suits: We handle all types of cases involving breach of confidentiality agreements, breach of non-compete agreements or misappropriation of company-confidential information.
- Professional negligence: We represent businesses and individuals in a wide range of industries during the course of their professional negligence cases.
- Real estate litigation: Our real estate litigation representation addresses situations involving failure to disclose material issues, breach of contract and similar issues that affect buyers, sellers, developers, brokers and other real estate professionals.
- Employment litigation: This includes wrongful discharge claims, harassment and discrimination suits, breach of contract related to employment, compliance-related matters and non-compete agreement disputes.
Is It Necessary To Hire A Business And Commercial Litigation Attorney?
It may not be necessary to hire a business and commercial litigation attorney for every dispute or concern. There are some situations where it is possible to manage and settle a dispute without the help of a business and commercial litigation attorney, especially if the issue at hand is minor. However, not all disputes are minor, and when disputes escalate, it is expedient to contact an Austin, Texas business and commercial litigation attorney.
Regardless of whether your business or company is large or small, when a dispute arises that requires legal action, it is imperative to enlist an Austin business litigation attorney to help guide you through the complex litigation process. A company of any size can be at legal risk if they do not have the proper channels to defend themselves in a dispute or pursue a breach of contract.
It is highly advised to seek and hire an Austin business litigation attorney that offers business and commercial litigation and specializes in legal services that benefit your company. An attorney who not only has litigation experience, but who is also knowledgeable in many areas of business and commercial law can provide vital assistance, advice, and valuable resources. It is wise and beneficial to have a commercial litigation attorney get acquainted with your company before any issues emerge. By getting to know your company beforehand, your attorney will develop a solid background and understanding of your business and its particular dynamics. And, if the time comes to litigate a matter, your attorney will be better prepared to handle your case.
When litigation seems to be the only reasonable solution to a legal issue, a professional Austin, Texas business and commercial litigation attorney will keep your business’s best interests as a top priority. It is their job to protect their clients and offer the best advice and solutions. Business litigators are well-versed in the law, and they know how to navigate the complex legal system. From beginning to end, a skilled Austin business litigation attorney knows how to strongly mitigate, negotiate, and settle disputes in and out of court. Legal matters should be handled by experts in the field to deter further escalation and obtain favorable resolutions.
What Is Alternative Dispute Resolution?
Not all disputes require litigation in court. Sometimes, a legal matter can be solved through negotiations and mediation. When parties agree to handle a legal matter outside of court, there are several options that they can employ in order to achieve a favorable outcome or solution to a dispute. As a result, commercial litigation attorneys may recommend alternative dispute resolution methods or ADR to settle legal issues. Since alternative dispute resolution is the procedure that settles legal matters without litigation, parties can incorporate arbitration, mediation, or negotiation to solve their impending issues.
The majority of legal issues can be ironed out by employing an alternative dispute resolution method as long as the parties involved agree to move forward in this manner. Settling an issue by using an alternative dispute resolution process can often be a more cost-effective and time-efficient option to litigating the matter in court. One of the appealing factors of alternative dispute resolution is that it provides a collaborative atmosphere that is more relaxed compared to a formal courtroom setting. Instead of an adversarial environment, parties are able to communicate more openly with fewer restrictions. Alternative dispute resolutions also allow the parties involved to devise creative solutions to the dispute the legal matter without being bound to the court’s imposition.
Types of Alternative Dispute Resolution methods include:
- Arbitration – Arbitration is a process similar to an informal trial. Each party’s side of the dispute is heard, and the parties may agree to have the decision to be binding or non-binding. In a binding decision, the decision is final, and the parties must abide by it regardless of whether they agree with the outcome or result. If a non-binding decision is made, the parties do not have to comply with the decision.
- Mediation – Mediation is a collaborative process where the parties mutually agree on a solution. Each party can be represented by its own Austin business litigation attorney. Mediation is usually non-binding.
- Negotiation – Negotiation is a collaborative process that is similar to mediation. The parties involved communicate the issue and try to resolve the dispute toward a beneficial solution for both parties.
Parties that are interested in alternative dispute resolutions should enlist an experienced Austin business litigation attorney to represent them. Each side can be represented by its own commercial litigation attorney, or one neutral business litigation attorney can be hired to preside over the dispute. As with any legal dispute, it is important to hire an Austin, Texas litigation attorney who is knowledgeable with the underlying legal issue, and who is also familiar with the alternative dispute resolution process.
What Happens When A Contract Is Breached?
Even though contracts and agreements may be in place, it does not negate the fact that breach of contracts occasionally occurs in a business setting. When certain obligations are broken or unfulfilled under a contract, the party who failed to fulfill his or her contractual obligations has carried out a breach in their contract. When a breach of contract occurs, depending on the specific situation, the party negatively affected by the breach will want to enforce the terms or recover damages resulting from the breach.
If a breach of contract occurs, it is essential to engage an Austin business litigation attorney to help assess the circumstance involving this type of dispute. Usually, breaches are not remedied by informal negotiations or attempts without an attorney, especially if it is a major issue consisting of a significant amount of money or damage. Individuals, companies, or businesses seeking remedies due to a breach of contract could be entitled to damages, restitution, and/or fulfillment of obligations under contractual terms. It is vital to counsel with an Austin business litigation attorney to assess options and determine if a breach of contract has indeed occurred. An expert commercial litigation attorney will know how to proceed and exert the best course of action, whether through litigation or use of an alternative dispute resolution.
For more information about our business and commercial litigation practice, contact our lawyers at (512) 686-8648 or complete this email form. We service clients in Austin, throughout Texas and in Colorado.
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Business & Commercial Litigation