Indiana Commercial Litigation Lawyers
Businesses have a variety of rights and as well as obligations. These opposite sides of the same coin are frequently the basis for legal disputes. A company may find itself having a conflict with any number of parties, including partners, shareholders, vendors, suppliers, employees, customers, and other businesses. Whether a business finds itself needing to pursue a claim or to defend against one, commercial law claims require high-quality representation in order to resolve them as favorably as possible.
Through strong client relationships, solid management skills, and personal commitment, the business law attorneys at McNeely Stephenson are capable of handling administrative proceedings, regulatory measures, arbitrations, bench trials, and jury trials. We also offer counsel on those situations that are better settled without a lawsuit, or that are well-suited for Indiana’s new Commercial Court. We have extensive experience representing a diverse range of clients in all aspects of commercial litigation. Learn more about your options during a confidential consultation. Contact us today to start finding solutions: complete our online form or call us at (812) 725-8224.
Given today’s technology, commerce knows no bounds; and a company can easily find itself conducting local, regional, or out-of-state business. That kind of accessibility means that a commercial enterprise has to be ready to protect itself on many fronts, from complying with regulations to following labor laws, from pursuing claims to defending against them. At McNeely Stephenson, we offer the following corporate and business litigation services:
- Consultation and legal advice
- Mergers and Acquisitions
- Commercial transactions
- Real estate title services
- Directors’ and officers’ liability
- Trial counsel
- Contract disputes
- Ownership disputes
- Shareholder litigation
- Employee disputes
- Lender/Borrower Opinions
- ADA Compliance advice.
Breach of contract is a frequent issue in the business world and can make for a highly complex claim. Common topics include shipment of goods, the delivery of goods, and the sale, purchase, or transfer of a business. Breach occurs when one party fails to perform its duties as specified in an agreement or as expected based on prior dealings. It can take many different forms, such as late or no delivery of goods, delivery of damaged goods, failure to pay for goods, and disclosing confidential business information. While monetary damages are the most often sought and awarded remedy in a breach-of-contract dispute, they are available only if they are calculable to a reasonable degree of certainty. If they are difficult to determine or would not suffice to place the non-breaching party in as good a position as it would have been if the breach had not occurred, the non-breaching party can seek specific performance of the contract or restitution if it has conferred a benefit on the breaching party.
Other common areas of general business litigation include:
- Business torts — fraud, tortious interference with contract, tortious interference with prospective business relations, theft of trade secrets, business defamation, misrepresentation, and unfair competition
- Antitrust claims – when competitive conduct gets out of control
- Employment claims – such as wages, hours, safety, employment status (at-will versus independent contractors), hiring, termination, discrimination, and privacy
- Real estate – mergers and acquisitions, commercial transactions, foreclosure defense/workout strategy, lease issues (both landlord and tenant), mortgages, collection actions, land use disputes, permits, zoning approvals, nonconforming uses, rezoning, and variances
- Partnership/joint venture disputes – when the business association doesn’t go smoothly
- Breach of fiduciary duty –typically involving trustees, corporate directors, commercial joint venturers, investment advisors, and retirement plan administrators
- Shareholder issues – may involve conflicting business interests, breach of directors’ duties, lack of proper financial reporting, insider trading, and more
- Consumer protection – accusations of fraud regarding how a business advertises, promotes, or sells its products.
- Uniform Commercial Code issues – regarding business transactions conducted outside a company’s state, such as establishing contracts, borrowing money, leasing equipment, and selling goods
- Construction claims – disputes over project delays, scheduling, defective design, non-payment, unacceptable workmanship, substituted materials, or cost overruns
- Intellectual property (IP) –claims arising over ownership of valuable assets such as trademarks, copyrights, design rights, and patents; also IP being used without permission, employees sharing secrets with competitors, and violations of non-disclosure agreements
WE CAN HELP
While the commercial litigation lawyers at McNeely Stephenson are sensitive to the fact that a trial is not the only way to resolve a dispute, we also recognize that sometimes it is unavoidable and may even be preferable. We explore the advantages and the disadvantages of litigation, as well as various forms of alternative dispute resolution with each client, never losing sight of their unique circumstances and ultimate objectives. We are always conscious of costs and the need for confidentiality.
Regardless of the size of your business or of the dispute, we will work closely with you and help you make the best decisions possible. We offer the technical and professional resources to investigate any claims and assess the best legal strategies to protect your interests. For skilled and knowledgeable representation, contact us by calling 812-725-8224 or filling out our online form. Based in New Albany, Indiana, we proudly serve communities throughout Kentuckiana; Floyd County, IN; Clark County, IN; and regularly serve commercial clients throughout all of Kentucky and Indiana.