Litigation is often a fact of life for companies. When disputes arise, it is crucial to have a seasoned attorney in your corner to help you protect your rights and interests and guide you through the process with experience and personal attention.
At Lee Law Office PC, our Montana business litigation attorneys share decades of experience representing companies and other clients in the courtroom. We also provide a wide range of services, from business formation and transactions to mergers and acquisitions dissolutions. That gives us important insight into how companies work and what judges and juries are often looking for in these cases.
Our lawyers also work proactively to address legal issues as they arise and advise clients on how to avoid protracted court battles. We have had significant success resolving disputes through negotiation and settlement, saving clients from the time and cost associated with litigation.
Breach of Contract
Contract disputes are common in business, whether it is over an agreement related to employment, services and supplies, commercial transactions or insurance. These cases are typically governed by state law.
Breach of contract is a legal claim, in which a person or entity alleges that another person or entity didn’t live up to an agreement. That could be anything from an employee that violates a non-compete agreement to a distributor that doesn’t ship goods on time. Meanwhile, a company that does not make timely payments for goods and services may also be looking at a breach of contract lawsuit.
There are many possible defenses for breach of contract cases. First, the agreement itself must be legally valid. If the contract is based on false or misleading information—or a mistake of fact—it is unlikely to be considered binding. The same goes for agreements that are obtained through threats or other undue influence.
Breach of Fiduciary Duty
Corporate officers and directors owe specific fiduciary duties to the company and its shareholders. Generally, that means acting in the corporation and the shareholders’ best interests, but the nature of the duty can depend on the circumstances.
Self-dealing and conflicts of interest and widely considered breaches of the fiduciary duty. Common examples include doing anything to compete with the company or taking opportunities presented to the business and instead using them for personal gain.
Officers and directors are also covered by a general duty of care, which requires them to exercise reasonable prudence in making decisions and otherwise conducting business. There are notable exceptions for decisions that turn out to be wrong in hindsight, so long as they are made in good faith.
Consult a Montana Business Litigation Attorney
Any company facing lawsuits threats or actual litigation concerning the business is well advised to seek the counsel of an experienced lawyer.
At Lee Law Office PC, our Montana business litigation attorneys represent companies large and small in a full range of litigation in federal and state courts across the country. We take the time to understand clients’ unique individual situations and needs to build a litigation strategy accordingly. Our lawyers also work tirelessly to resolve disputes without drawn-out courtroom fights whenever possible.