Commercial & Business Litigation
Resolving Commercial Disputes in San Diego
Commercial and business litigation is unfortunately a part of business. The key for any business owner, shareholder, member, partner or party to a business dispute is to effectively resolve the matter as quickly as possible for a reasonable cost. Allen Barron’s litigation team provides decades of experience in San Diego and southern California business litigation. We work to resolve these challenges while protecting our client’s interests.
Any business lawsuit or commercial dispute carries, by its very nature, a contingent liability. In public companies, these contingent liabilities must be disclosed to shareholders and reflected on the corporate balance sheet. In closely held companies and partnerships the contingent liability from any dispute distracts the company’s management team from the central focus of running the day-to-day operations of the business. The risks and contingent liability associated with any dispute could also have a negative impact on a pending corporate transaction such as an asset purchase or stock purchase. If you are involved in a business dispute or commercial and business litigation you need the representation of proven and effective litigation attorneys who will work to diffuse the situation, negotiate an effective resolution, represent you in mediation, arbitration and ultimately a court of law.
The Steps to Resolve a Commercial Dispute
Allen Barron’s experienced commercial and business litigation team will meet with you to discuss the issue(s) at hand and the outcome(s) you would like to achieve. We provide valuable advice and insight based upon our attorney’s decades of experience in cases just like yours. We work to quickly and accurately master the facts of the case and to invite opposing parties to open constructive negotiations. Most business disputes, contract matters and commercial and business litigation is resolved through our team’s proven negotiation tactics and strategies.
If the dispute is based upon contractual differences or a breach of contract we work to identify the source of the dispute, develop reasonable alternatives for resolving the dispute and working to find a resolution which restores the same outcomes or “benefit of the bargain” promised in the original agreement. There are unforeseen challenges which may arise during the course of a business contract. Shipments are delayed, components are back ordered, natural disasters impact the supply chain, key employees face illness or injury. We work to restore common ground between the parties and develop a practical resolution which reflects our client’s interests while moving the original transaction or relationship forward to a successful completion.
Mediation may be an efficient alternative to the time and expense associated with resolving the matter in court. In mediation, the parties agree upon a neutral expert or mediator who considers the position(s) of each party and works with them to identify potential options for resolving the dispute or litigation at hand. Mediation is protected by confidentiality and this not only helps to keep your business issues private, it prevents any considerations you may have entertained in mediation from staining the effectiveness of your case should it move to arbitration or trial.
Many contracts specify arbitration as a means to resolve conflicts or disputes which arise. Arbitration is much more structured than mediation, yet less formal and procedural than the motions and discovery associated with going to court. The findings of the arbitrator are final and cannot be appealed unless one can prove collusion or fraud on the part of the arbitrator. This is very rare. This is why it is so important to be represented by Allen Barron’s experienced commercial and business litigation team. We provide the arbitrator with a well-crafted brief. The arbitrator will usually hear testimony, collect evidence and then issues a finding which is binding upon the parties.
Not all matters may be resolved through arbitration. The central legal question focuses on whether the issues(s) fall within the scope of the underlying contract(s) and whether the party/parties have met the procedural conditions for arbitration. US Courts have clearly established that unless the parties have agreed otherwise, “procedural arbitrability” will be decided by the arbitrator and “substantive arbitrability” will be decided in a court of law.
Contact Us To Learn More About Allen Barron Legal Services
For more information or to discuss your tax, legal and accounting needs contact Allen Barron or call 866-631-3470 for a free and confidential initial consultation. Learn about the importance of integrated business strategy and coordination across legal, tax and accounting systems.
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