Beasley Allen’s Business Litigation Section is devoted to representing 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 interruption insurance
When legal disputes occur between a business and an individual or between two business entities, resolution without resorting to business litigation is usually the best course of action for all parties. But in cases where a satisfactory resolution just isn’t possible, our nationally recognized business litigation attorneys can be of invaluable service in guiding you through the complex area of business law while protecting your rights and your company’s business interests.
Business litigation is one of the most intensive practices of any law firm, as 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, cases can be resolved in a state court, federal court, administrative hearings, or arbitration.
If you are 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 – could be connected, allowing the company to dominate the industry. Monopolies are a threat to fair competition in the marketplace, creating an uneven playing field, as more wealth is concentrated in the hands of fewer entities. Monopolies also shrink the options available to consumers.
As a result of the COVID-19 pandemic and the ensuing national crisis, Beasley Allen’s business litigation lawyers are investigating cases with clients who received a denial communication from their insurance companies regarding their business interruption insurance. Business interruption insurance is one of the core coverages in a business owner’s policy, offering them a lifeline in the event of a disaster that limits or suspends their business activities and income. Many businesses have been crippled by the government-mandated shutdown during this time to help slow the spread of the contagious virus. Yet, they are being told that the one disaster their policy does not cover is temporary closure due to a viral or bacterial pandemic.
Commercial disputes may arise between two conflicting businesses, a business and a customer, or between business partners. Commercial disputes may involve issues of breach of contract, defamation, or other types of fraud. Regional, state and federal laws may all factor into how a dispute proceeds. For this reason, the expert advice of an attorney is often necessary. Being organized and establishing good business practices will help in the resolution of a commercial dispute. For example, it is recommended that a business owner have all contracts are 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 in order to easily access records in the event of a business dispute.
Issues addressed by intellectual property laws include trademarks, copyright, patents and theft of trade secrets. In legal terms, Intellectual property is ideas, inventions, artistic works and other commercially viable products created out of one’s own mental process. Intellectual property is protected by legal agreements such as patents, copyrights and trademark registrations. Intellectual property is considered similar to physical property under the law in that it can be legally sold, exchanged, traded or abandoned. However, not all ideas are considered intellectual property under the law. Commercial viability is a factor that must be present in order 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 are representing 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 paid more than they should have for prescription drugs. We also are investigating 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 attorneys general and have involved various civil actions. Many times, individuals are barred from bringing a consumer fraud type claim but the state government is not.
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.
Many businesses have found that representation by our firm on a contingency fee basis is the best way to resolve claims against other companies. To speak with one of our business litigation attorneys you can simply call us at 800-898-2034 or contact us by email.