The Business Litigation Section of Beasley Allen is devoted to representing individuals and businesses in almost any dispute or claim they may have related to business transaction. Areas of our practice include breach of contract, fraud, antitrust price fixing, patents, and theft of trade secrets.
When business disputes occur between a business and an individual or between two business entities, resolution without resorting to business litigation will usually be preferable for everyone involved. In cases where that just isn’t possible, a good business litigation attorney can be invaluable in protecting your rights and your company’s business interests.
Antitrust litigation was developed as a response to the threat of monopolies, where companies effectively controlled entire industries. In these instances, every step of the supply chain might be connected, allowing one 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.
Business Interruption Insurance
As a result of the COVID-19 pandemic and the ensuing national crisis, we are investigating cases with our 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. 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 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 its citizens who depend on this program paid more than they should have. 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.
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 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.