Los Angeles Business Dispute Attorneys - Romano Law

Business Disputes – Los Angeles

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When a business relationship breaks down, the parties consider the best way to resolve the conflict and minimize damage to business operations.  If it involves a contract issue, the agreement may provide solutions and remedies to avoid litigation.  In other situations, the parties may negotiate or mediate to come to a compromise.  When none of these options work, litigation and arbitration may be needed.  Regardless of the path taken, our attorneys have extensive experience with business disputes in California and protecting our clients’ best interests.

WHO WE REPRESENT

We work with a wide array of California businesses in the entertainment, technology, fashion, medical and manufacturing industries.  Our litigators represent companies and their partners, shareholders, directors and officers, LLC members, and other parties both in disputes with outside third parties and intra-company conflicts.  Whether the matter involves intellectual property, a contract or a securities matter, we have the skills and knowledge to advocate for their rights.

WHAT WE DO

As a first step, we identify our clients’ goals and priorities, and analyze the facts and law to determine if the conflict can be resolved amicably.  Our attorneys are skilled in negotiation and mediation tactics and focus on obtaining the best results for our clients.  If compromise is not possible, our litigation team has substantial experience representing clients before California state and federal courts and arbitrating disputes before many of the top arbitration organizations.

Mediation

Alternative dispute resolution processes such as mediation can help businesses save time and money by settling their conflicts without litigation.  In mediation, a neutral third party (the mediator) facilitates discussion between the parties encouraging them to find common ground and reach an agreement.  Many business contracts include mediation clauses, but the parties may also agree to it after a problem arises.  While mediation is an out-of-court process, our attorneys frequently advise clients regarding strategies to achieve a positive outcome and provide strong representation during the mediation process.

Arbitration

Arbitration is another form of alternative dispute resolution.  However, the neutral third party (the arbitrator) does render a decision or an “award,” which is often final and enforceable in court with only limited rights of review and appeal.  Arbitration is more formal than mediation and legal representation is essential to help ensure that a party has a strong advocate with knowledge of the rules that govern the process.  Our attorneys have extensive experience representing clients before the American Arbitration Association (AAA), the Financial Industry Regulatory Authority (FINRA), the Independent Film and Television Alliance (IFTA), the Judicial Arbitration and Mediation Services (JAMS) and the International Chamber of Commerce (ICC).

Civil Litigation

Successfully litigating a business dispute requires more than arguing before a judge, especially in highly complex commercial matters.  Our attorneys begin by determining the best strategies to resolve the case.  We advocate for clients at every stage of litigation, including pre-suit negotiations, motion practice, trial, appeals and collection of a judgment.  Whether the case is in California state court or federal court, we are well-versed in how to handle every aspect, inside and outside the courtroom.

Breach of Contract

Many California businesses will deal with a breach of contract issue at some point in their lifecycle.  If that happens, skilled legal representation is critical to ensure the company’s rights are protected and disruptions to the business are minimized.  Breaches can be costly to both parties, including the time and money spent to resolve the issue as well as the monetary and other damages that result from the breach.  Our attorneys frequently advise clients regarding the most effective way to enforce their contract or defend against a lawsuit whether through negotiation, mediation, arbitration or litigation.

Defamation

In California, if someone makes a false statement of fact about a person that is harmful to that person’s reputation and is made without privilege or consent, it may constitute defamation.  However, such claims are difficult to establish and defend.  Not all harmful statements constitute defamation and there are numerous defenses to the action, which also can be challenging to prove.  Our team is experienced in representing both plaintiffs and defendants in defamation cases, advising clients regarding the strength of their arguments and advocating on their behalf.

Copyright Infringement

Copyright law prevents unauthorized use of creative works owned by another party.  Those who engage in copyright infringement may be liable for significant damages if found responsible.  However, the onus is on copyright owners to protect their rights.  Our attorneys help owners secure their copyrights through registration and enforce them through cease-and-desist orders, negotiation and litigation.  We also represent alleged infringers to ensure they present any valid defenses to avoid or limit liability.

Trademark Infringement

Building a brand is hard work for any business in California and it is important to protect that brand from trademark infringement.  When someone uses the brand’s mark (or a similar mark) without permission, they are profiting from the trademark owner’s efforts as well as damaging their reputation and likely causing a loss in revenue and other damages.  However, determining whether someone infringed is highly fact-sensitive and there are several defenses to a claim of infringement.  Accordingly, legal assistance is crucial to bringing or defending an infringement action.  Our California team has extensive experience with clients on both sides and are strong advocates for our clients.

Partnership Disputes

Conflicts among business partners are common.  Ideally, the parties were proactive and signed a well-drafted partnership agreement that provided mechanisms for handling disputes without litigation.  However, where the agreement does not resolve the issue, California business law applies.  Our attorneys advise partners regarding possible solutions to address their conflict whether through negotiation, a buy-out of the other partner(s) or going through the formal process of dissolving the partnership.  We guide clients on how to protect their interests and preserve the business whenever possible.

Shareholder Disputes

There are many reasons why shareholders may have conflicts with each other or with the company’s board of directors or management.  Often, they are due to disagreements about the operations of the company, alleged misconduct or unfair treatment by some of the company’s shareholders.  Regardless of the reason, these can have a substantial impact on the operations of the business and can be costly to resolve.  As with partnerships, the parties should have a shareholder agreement that provides for alternative dispute resolution or other mechanisms for resolving conflicts.  If that is not sufficient, our attorneys are skilled in assisting shareholders and directors in negotiations and litigation to enforce their legal rights.  If necessary, we also advise companies regarding the process for formally dissolving a corporation in California.

CONTACT ROMANO LAW TODAY

Business disputes can be devastating but skilled legal representation can help achieve positive results.  Our California attorneys have the experience to help companies and owners address their disagreements effectively and minimize damages.  Contact Romano Law for a consultation regarding your case.

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