In contrast to the predictable route litigation between individuals can take, matters concerning business law litigation can vary drastically in how they evolve. Businesses routinely juggle claims against the government, other businesses, and even within the business itself—sometimes simultaneously. The sound advice of an experienced lawyer is especially important when addressing the complex nature of business disputes in Cedar Park.
Despite some large business disputes making national headlines, the vast majority of business litigation events are handled quietly and efficiently. Unlike litigation involving individuals, business leaders often recognize the transactional nature of business disputes, which places them in a better position to prevent further damage to the business, its reputation, and its leaders. Only in rare circumstances must business disputes be resolved through a judge’s order. In most cases, private negotiations between the parties or Alternative Dispute Resolution (ADR) can be used to reach a favorable resolution. ADR encompasses a number of dispute resolution methods, such as arbitration, negotiation, and mediation. Parties who are in a position to resolve the dispute without outside pressure often engage in Negotiation. If the situation calls for a disinterested third-party to help guide the parties to a resolution, then Mediation may be a good choice. If, however, the parties would be more comfortable with a neutral third-party delivering a decision, but do not what to go through the time and expense of the formal litigation process, Arbitration can provide an excellent path to resolution.
It is always good to have benefits when confronting a business dispute, but so many options can make choosing the “best” option a difficult task. Fortunately, the advice of seasoned litigators who possess a deep knowledge of business law can explain the advantages and disadvantages of all options.
The legal form of a business entity is, perhaps, one of the most decisions a business leader can make. As we will explain below, different forms provide different benefits, whether in regard to taxes, liability, or control. For business leaders who want to place themselves in the most advantageous position before a dispute arises, the selection of an appropriate entity form will be a foundational choice. Sole Proprietorship – This is one of the most common entity forms for a number of reasons. First, simplicity: sole proprietorships are businesses individuals operated through themselves. Except where employment matters come into play, sole proprietorships do not often lead to inter-business disputes. Partnership – One of the oldest legal forms, the partnership has persisted for centuries. Generally, partnerships are businesses owned by one or more persons, with ownership divided equally among the equity partners. Partnerships can come in a variety of forms, including:
Corporation – The corporation has become the most common entity form in recent decades—even supplanting the traditional partnership. Corporation are “legal persons,” but with limited liability that can shields the owners (that is, the shareholders) from personal liability stemming from the acts of the managers (the board). For shareholders who wish to limit the board’s liability, various options, such as Director and Officer Insurance are available. Limited Liability Company – This entity type sits somewhere between a partnership and a corporation. It provides some of the tax incentives of partnerships with the limited liability protection of corporations. The LLC has become the preferred choice for businesses—big and small—in a number industries.
Time and Cost: Most individuals enter legal disputes as discrete events—unattached to the other aspects of their lives. For businesses, however, legal disputes are often intertwined with current relationships, and must be managed in a way to ensure that the business can continue to operate while the dispute is ongoing. These factors mean that the cost-minimizing efforts of the legal team can make or break a disputes future outcome. In Cedar Park, business law lawyers need to be flexible to meet the demands of their clients so that they can get back to running the business. Bad Press: One of the ancillary goals of business dispute resolution is managing public perception, and even companies without a national presence can fall victim of bad press. In fact, sometimes a business’ local character creates an incentive for local journalists to focus on a story that seems to have special significance for local audiences. For this reason, it is essential to work with a legal team that can help you focus on more important things—like running the business. Experienced lawyers will not only be able to offer advice about legal consequences but can also help you address matters relating to the business’ public image.
Please consult a brief list of business law issues commonly handled within the Cedar Park area below:
The various forms of business law each require thoughtful consideration during legal representation to ensure a positive outcome for all parties involved.
If you have questions regarding a current or anticipated, business litigation dispute, the advice of a qualified lawyer with business law experience is crucial. it is crucial that you find a qualified attorney who is able to assist you with your specific legal needs. Contact Kirker | Davis LLP to schedule a meeting with an attorney today and learn why so many business leaders trust the lawyers at Kirker | Davis LLP with their matter.