Beasley Allen’s Business Litigation Section represents individuals and businesses in almost any dispute or claim they may have related to business transactions. Our business litigation attorneys handle cases for individuals and small parties as well as state and municipal governments. Some areas of our business practice include:
- Breach of contract
- Antitrust price fixing
- Intellectual property and patent disputes
- Theft of trade secrets
Business Litigation Demands Experience
Business litigation is one of the most intensive practices of any law firm. It generally requires reviewing reams of documents, investigating evidence, consulting experts and interviewing witnesses, preparing and answering numerous motions, and arguing on clients’ behalf in court proceedings. These processes can make any form of business litigation protracted, but this is especially true for highly complex cases and those involving large sums of money.
Because most business litigation involves a dispute over a contract or agreement, state and federal courts, administrative hearings, or arbitration can resolve cases.
If you find yourself involved in a business-related dispute, you know how much is at stake. That is why you need to hire the most experienced business litigation attorneys. Our lawyers have a long and proven record of getting our clients the outcome they need and deserve in a broad range of business litigation cases.
Antitrust litigation was developed as a response to the threat of monopolies when companies effectively took control of entire industries. In these instances, every step of the supply chain – the entire network of organizations, resources, activities, and technology involved in the creation and sale of a product – connects, allowing the company to dominate the industry. Monopolies are a threat to fair competition in the marketplace. They create an uneven playing field by concentrating more wealth in the hands of fewer entities. Monopolies also shrink the options available to consumers.
Commercial disputes may arise between two conflicting businesses, a business and a customer, or between business partners. These disputes may involve issues of breach of contract, defamation, or other types of fraud. Regional, state, and federal laws may be all factors into how a dispute proceeds. This complexity renders the expert advice of an attorney indispensable. Being organized and establishing good business practices will help in the resolution of a commercial dispute. For example, experts recommend that a business owner have all contracts reviewed and approved by a reputable attorney to reduce the chance a contract will be found invalid or unlawful, and keep a secure and accurate filing system to access records in the event of a business dispute easily.
Issues addressed by intellectual property laws include trademarks, copyright, patents, and theft of trade secrets. Intellectual properties are ideas, inventions, artistic works, and other commercially viable products created out of one’s own mental process, in legal terms. Legal agreements like patents, copyrights and trademark registrations protect intellectual property. Much like with physical property, people can legally sell, exchange, trade or abandon intellectual property. However, the law does not consider all ideas intellectual property. Commercial viability is a factor that must be present to establish intellectual property and establish proper protections for such property. Inventors and those in creative fields should protect their commercially viable ideas through the official registration of their ideas and trade secrets.
Lawyers in our Consumer Fraud Section are handling a variety of claims involving fraudulent conduct around pharmaceutical pricing. We represent states whose Medicaid programs were overcharged for the Average Wholesale Price (AWP) of prescription medications. As a result, the states and their citizens who depend on this program are paid more than they should have for prescription drugs. We also investigate claims where a state or agency’s Pharmacy Benefit Manager (PBM) has overcharged the State in connection with its pharmacy benefit plans and illegally pocketed the money for profit. Pharmaceutical pricing cases have been handled through the state attorney general and have involved various civil actions. Often, individuals are barred from bringing a consumer fraud type claim, but the state government is not.
States & Municipalities
These types of cases may involve issues of financial loss, consumer injury, environmental catastrophe, or a combination. Some of the most notable cases handled by Beasley Allen’s business litigation attorneys on behalf of states and municipalities include the AWP/Medicaid Fraud litigation, PFOA water contamination, and BP Oil Spill litigation. Our firm has represented numerous states throughout the country.