{"id":1487,"date":"2024-04-06T08:31:11","date_gmt":"2024-04-06T08:31:11","guid":{"rendered":"https:\/\/development-work.com\/taylorlaws\/?page_id=1487"},"modified":"2024-04-24T13:27:37","modified_gmt":"2024-04-24T13:27:37","slug":"commercial-business-litigation","status":"publish","type":"page","link":"https:\/\/development-work.com\/taylorlaws\/commercial-business-litigation\/","title":{"rendered":"Commercial Business Litigation"},"content":{"rendered":"\t\t
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Commercial Business Litigation\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Home<\/a> > Commercial Business Litigation<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Idaho Construction Litigation\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Failure to Pay\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Commercial business litigation simply refers to any type of legal conflict relating to business issues. When matters become highly contentious between two or more businesses or corporations and one company takes legal action against the other, it is referred to as commercial litigation.<\/p>

Commercial litigation is a broad term that refers to all business conflicts, whereas business law itself is distinct in that it also covers the drafting of contracts and agreements (matters that may one day lead to a dispute). In simple terms, commercial litigation typically involves one or more businesses locked in a dispute over money or some other type of property.<\/p><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Common Examples of Commercial Litigation<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Breach of Contract<\/strong><\/h5>

A breach of contract can involve purchases and sales of securities, real estate transactions, agreements to provide goods or services, or mergers and acquisitions.<\/p><\/div><\/div>

Employment Disputes<\/strong><\/h5>

Disputes over health and pension benefits, overtime, age, race, gender or religious discrimination; all of these would fall under the category of employment disputes.<\/p><\/div><\/div>

Tortious Interference with Contract<\/strong><\/h5>

This occurs when a third party successfully interferes with or otherwise prevents the performance of an agreement between two parties.<\/p><\/div><\/div>

Breach of Fiduciary Duty<\/strong><\/h5>

Fiduciary duty is an obligation to act in the best interests of another party or entity. For example, a corporation\u2019s board member will have a certain fiduciary duty to the shareholders, while a trustee has a legal obligation to the beneficiaries of an estate. It\u2019s not uncommon for people in a position of trust such as corporate officers, directors, agents, trustees or partners to violate that trust and their fiduciary duty to the company they were working for or with.<\/p><\/div><\/div>

Fraud and Deceptive Trade Practices<\/strong><\/h5>

Any type of fraudulent activities and misrepresentations in business transactions.<\/p><\/div><\/div>

Disputes Over Non-Compete Clause<\/strong><\/h5>

These disputes involve non-competition, non-solicitation, and non-disclosure agreements by former business associates, owners and employees. When there is a breach in one of these clauses, it may result in a lawsuit that includes a request for emergency relief by means of a pre-trial injunction or a restraining order.<\/p><\/div><\/div>

Antitrust Violation<\/strong><\/h5>

Antitrust violations cover price discrimination, price fixing conspiracies, monopolizing a market, and conspiracies to allocate customers, or divide territories or otherwise control and prevent fair competition in the marketplace.<\/p>

Violating Intellectual Property Law.\u00a0Violations against intellectual property laws, such as patents, copyrights, trademarks, trade dress, service marks and also trade secrets.<\/p><\/div><\/div>

Debt Collection<\/strong><\/h5>

Collecting various types of debts such as guaranty agreements, promissory notes, and mortgages and deeds of trust.<\/p><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Speak with a Taylor Law Office representative to learn what we can do for your business! Contact our office today on (208) 342-3006<\/a>.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Frequently Asked Questions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/path><\/svg><\/span>\n\t\t\t\t\t\t\t\t<\/path><\/svg><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tDo I need a business attorney, or can I settle this dispute on my own?<\/a>\n\t\t\t\t\t<\/div>\n\n\t\t\t\t\t

If a matter is already in litigation, the business should consult an attorney immediately. However, even if the matter is likely to lead to litigation, there are a number of steps that can or should be taken to protect the interests of the business in preparation for anticipated litigation. The knowledge of a dispute that may lead to litigation could create certain legal obligations for the business, such as the requirement to preserve of records, to avoid additional liability. Also, getting the advice and guidance of an attorney early on in a dispute may help to develop an overview of legal rights and a cost-benefit analysis of different responses, such as settlement, litigation or other alternative dispute resolutions. Often times litigation can result simply from mismanaging a dispute that could have been resolved informally with less time and expense with appropriate legal guidance from the start. Many business owners who attempt to \u201cdo it themselves\u201d to save money end up spending more on attorney\u2019s fees after they have created or complicated their legal issues unnecessarily.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Verbal contracts are generally enforceable, with some exceptions. Verbal contracts can sometimes be difficult to prove, not because they have less effect than a written contract, but because the evidence of their existence is less certain. A Idaho business litigation attorney can review a potential dispute over an oral contract and advise on enforceability, defenses and potential litigation strategies.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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If a corporation is the chosen entity, the basic steps are to choose the state of incorporation, file electronic articles of incorporation with the appropriate secretary of state, obtain an EIN number from the IRS and file any appropriate tax election, create by-laws, have an initial meeting of the founders\/incorporators to adopt the by-laws, approve and adopt pre-incorporation actions, elect the board, appoint officers, distribute shares, allocate responsibilities, create and open bank accounts, obtain and recognize ownership contributions, create and execute a shareholder agreement and other appropriate documents (such as NDAs, non-competes, assignment of IP, employment agreements, etc.) and begin operations.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Idaho provides a corporate tax, filing, administrative and legal system that many people find appealing when compared to other states. Idaho offers limited public disclosure of owners and related parties on its public filings. Idaho statutes and caselaw are very robust, allowing for a lot of guidance and predictability on internal corporate legal issues. Idaho also has a number of tax provisions which may be favorable to incorporating in Idaho for certain types of companies. Where to incorporate is a decision that must be made on a case-by-case basis.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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There are many reasons to consider buying an existing business. First, purchasing an established business saves you a considerable amount of time by not having to deal with any of the startup process. Additionally, the business will have already gathered important information about the nature of the business, how to improve success and what mistakes to avoid. When time is one of the most valuable assets in a business, purchasing a business can save you a lot of it.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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