Litigation is instrumental in resolving various commercial disputes and securing the future of your business. At McAllister Garfield, we aggressively represent clients’ interests while reducing the costs and stress often associated with commercial litigation.
As an experienced commercial litigation law firm, we’re known to bring exceptional skill and passion to the courtroom. Our business litigation attorneys, led by Sean McAllister, have consistently delivered prompt and seamless resolutions for a range of clients in Colorado, California, Michigan and Oregon.
Types of Commercial Litigation
Breach of Contract
Contracts are at the heart of any business. When a party breaches a contract, an attorney can help protect your rights and reduce damage.
Regardless of the breach that took place, our lawyers will examine every case diligently and deliver strategies that align with your needs. We will attempt to negotiate fair settlements or relentlessly pursue claims through trial and appeals if necessary. When disputes occur, we quickly locate issues in the contracts and warranties, identify risks our clients may face and successfully mitigate losses.
Our litigation team is experienced in handling breach of contract litigation cases such as:
- Buy-Sell Agreements
- Commercial B2B Contracts
- Employment Agreements
- Financing Agreements
- Information Technology Contracts
- Intellectual Property Related Agreements and Licenses
- Maintenance Agreements
- Manufacturing Agreements
- Non-Disclosure Agreements
- Reseller Contracts
Below are the primary types of contract breaches:
- Anticipatory Breach of Contract – when the non-breaching party discovers that the other party will fail to fulfil their part of the contract in the future.
- Minor or Partial Breach of Contract – when obligations ultimately met, but the party in breach failed some parts of the contract.
- Actual or Fundamental Breach of Contract – when a breach already took place either intentionally or unintentionally
- Material Breach of Contract – when one party fails to deliver obligations on time or perform what was explicitly specified in a contract.
Fraud cases can have a disastrous impact on businesses. They often lead to injunctive relief, reputational damage, monetary damages, and potential disgorgement. As such, it is imperative to hire experienced litigators who will safeguard your interests and help your business recover.
Our attorneys are well-versed at the risks associated with fraud, and have the skill to investigate and resolve all kinds of fraudulent activities. We’re committed to preserve your reputation and protect your financial well-being.
Our firm takes a hands-on approach to business fraud and related torts, including:
- Breach of fiduciary duty
- Business misrepresentation or fraud
- Deceptive trade practice
- False advertising
- Franchise fraud
- Noncompete agreement violations
- Tortious interference with relationships between businesses
- Trade secret theft
Our business lawyers can tailor strategies to safeguard your business against fraud litigation and disputes. We’re knowledgeable in assessing contracts as well as performing forensic accounting and financial analysis to expose fraudulent cases. We can also perform due diligence reviews and investigate partners and departed employees for evidence of misconduct.
Breach of Fiduciary Duty
Fiduciaries are individuals who hold a legal or ethical relationship of trust with one or more parties. As such, a fiduciary duty requires a high standard of care and loyalty. Fiduciary duties are often seen in business relationships between client and attorney, shareholders and board of directors, or trustees and beneficiaries, to name a few.
A breach of fiduciary duty occurs when the trusted party allegedly fails to meet their obligations to the other party. Such claims can bring reputational and monetary damage which is why they should be examined immediately by skilled business lawyers.
The firm takes pride in successfully representing plaintiffs and defendants in court. Our attorneys are knowledgeable on the complexities of fiduciary responsibilities. We help businesses analyze and prevent disputes by reviewing and restructuring corporate agreements. We also provide expert counsel in corporate governance and application of fiduciary agreements.
Non-compete agreements have become a common feature in today’s employment contracts. They prohibit employees from competing with their employer for a specified period of time. Non-compete agreements ban various actions including working for a direct competitor or persuading employees to leave the employer.
Litigation over non-compete agreements typically involves requests for immediate relief such as:
- temporary restraining orders
- temporary or preliminary injunctions
- expedited discovery
- pre-judgment remedies
Our business attorneys can help draft and review non-compete agreements to avoid unjust competition from former workers. We can also structure on-boarding and exiting processes designed to remind employees of their contractual obligations.
Even if you choose to pursue litigation, following best practices will help ensure a successful and cost-effective procedure.
Intellectual Property (IP) Disputes
IP disputes arise when other parties misappropriate works that are protected by copyright law. They can impact your bottom line.
Our attorneys offer valuable representation involving all types of IP infringement matters and issues including:
- breach of confidence
- licensing and warranty disputes to copyright
- opposition proceedings
- patent and trademark infringement
- revocation and invalidity actions.
We have the technical skills and knowledge to safeguard the interests of IP holders as well as defendants’ actions that triggered unjust allegations.
Our lawyers assist authors and creators of any intellectual property in protecting their works. We help file the necessary documents with the Federal Patent & Trademark Office and recommend best practices to safeguard your IP rights.
Should an infringement occur, our law firm will help you seek compensation for lost profits. We can also help you pursue cease and desist orders for cases where a trademark is being used without permission. Depending on the violation, infringing parties may even face jail time.
Civil theft may involve money, bonds, securities, stock, mortgages, and other forms of personal property. If your business has suffered theft, our lawyers can help you gather clear evidence and pursue monetary damages.
We work closely with clients to identify the full extent of damages and conduct a thorough investigation prior to filing a case. With extensive knowledge of the law, we vow to resolve all issues through settlement or alternative dispute resolution. Should you choose to take matters into court, you can trust us to represent your business and promote your well-being in the best possible way.
Commercial Collections and Foreclosure
Our creditors’ rights practice represents clients seeking payment, enforcing judgments, and foreclosing on real and personal property. Led by Sean McAllister and Dan Garfield, our attorneys are known for bringing technical skills and practical solutions in and out of court. Trust us to aggressively pursue rights and remedies through quality litigation and post-judgment actions.
The firm is experienced in a range of collection and creditors’ rights matters including:
- cognovit judgments
- court-ordered asset sales, charging orders
- enforcement of mechanic’s liens
- fraudulent transfers
- post-judgment enforcement
- prejudgment attachment
- private and public sales of personal property
- public trustee and judicial foreclosures
We also defend creditors in cases involving lender liability, fraudulent transfer, among others.
Consult a Business Litigation Lawyer Today
At McAllister Garfield, we inform each client of the risks and opportunities of litigation. Our goal is to provide high-quality representation tailored to your needs. This means if the client wants an aggressive, no compromise approach, we pursue the litigation in a relentless yet ethical manner. Similarly, if the client prefers a quick and cost-effective resolution, we pursue the case in that manner. No matter the challenge at hand, our attorneys can handle all types of corporate litigation while protecting your rights and ensuring a stress-free process.