Litigation is the act, process, or practice of settling a dispute in a court of law. Business litigation resolves legal disputes between companies and other parties, such as employees, partners, or outside vendors.
Disputes and disagreements are a normal part of business but should be taken seriously as they can negatively affect a company and its bottom line. In addition, these matters are often complex and require the expertise of a business litigation lawyer.
These attorneys specialize in business dealings and represent entities in legal disputes and other matters. So what do these lawyers do specifically, and how can they help protect your business?
What Is a Business Litigation Lawyer?
Business litigation lawyers play multifaceted roles with the ultimate goal of resolving a business’s legal issues. While most people think of the courtroom when it comes to litigation, their responsibilities extend beyond courtroom appearances. In addition, these attorneys also provide critical advice and direction.
Legal Representation
Generally, a business litigation lawyer is a guardian of a company’s legal interests. They represent businesses in legal proceedings, acting as advocates in court and ensuring that the company’s rights are protected.
Business litigation lawyers prepare and present cases, advocate for clients’s positions, and defend against allegations or claims brought against the business. In Texas, the legal landscape can be complicated and challenging. These attorneys help clients navigate complex laws and regulations to safeguard their interests and represent the business’s interests through litigation or negotiation.
Legal Advisor
Beyond representing clients in court, Texas business litigation attorneys can be indispensable advisors. They can counsel on various corporate legal matters, including contract disputes and compliance issues, as well as analyze a business’s potential risks or liabilities.
They can also interpret laws and regulations, offering guidance on how these apply to specific business operations and help keep an operation running smoothly. Their advice allows a business to be proactive in risk management, minimizing the chances of litigation but also helping the business operate within the bounds of the law.
Negotiator
Navigating disputes is a significant facet of a Texas business litigation lawyer’s role, inside and outside the courtroom. Sometimes, the best strategy is to resolve conflicts more efficiently through settlement negotiation or Alternative Dispute Resolution (ADR) instead of litigation.
An experienced business law attorney will represent their client’s interests through these methods. Often, resolving business disputes outside the courtroom saves time, money, and potential damage to a company’s reputation.
Types of Cases Handled by Texas Business Litigation Lawyers
A Texas business litigation lawyer handles various matters relating to businesses and their operations. Some of these types of legal matters include:
- Breach of contract disputes,
- Intellectual property disputes,
- Employment law claims,
- Shareholder and partnership disputes,
- Regulatory and compliance issues,
- Business tort claims,
- Real estate litigation,
- Financial disputes,
- Debt collection,
- Mergers and acquisitions,
- Product liability cases, and
- Antitrust investigation and litigation.
To effectively represent and advise their clients, business litigation lawyers in Texas must understand different areas of the law.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) offers an alternative to traditional litigation, often providing more flexible and faster paths to resolving conflicts. With ADR, businesses can use various techniques to address disputes outside the courtroom. Texas recognizes five types of ADR.
- Mediation. Mediation involves a neutral third party (the mediator) who facilitates discussions between conflicting parties, helping them explore potential solutions. Unlike litigation, mediation is a voluntary process that allows parties to reach a mutually agreeable resolution.
- Arbitration. In arbitration, a neutral third party (the arbitrator) or a panel hears arguments and evidence presented by both parties and makes a binding decision. Unlike mediation, the arbitrator’s decision is typically final and legally enforceable, but both parties must agree.
- Mini-trial. A mini-trial is a structured proceeding where each party presents its case to a panel, usually comprising senior executives or representatives. The panel then attempts to facilitate a settlement by providing an informed, non-binding opinion.
- Moderated settlement conference. This is a guided negotiation session facilitated by a neutral third party. The process can occur before or during litigation and often involves an impartial mediator or judge who helps clarify issues, encourages communication, and can help resolve conflicts without the need for a trial.
- Summary jury trial. A condensed simulation of a trial where parties present their case to a jury for a non-binding verdict. It helps assess case strengths, aids in negotiations and saves time and costs compared to a full trial.
Each ADR method has its strengths and is best suited to different types of disputes.
Business Litigation vs. Corporate Law Attorneys
While they sound similar, there are subtle differences between the two types that a business owner should consider based on the issue they are facing.
Business litigation involves resolving disputes between entities or individuals through ADR and court litigation. Ultimately, a business litigator’s primary focus is on resolving conflicts and advocating for clients in legal proceedings.
A corporate lawyer, on the other hand, deals with the formation, operation, and governance of business entities. Their focus is largely non-litigious, providing legal advice to ensure businesses operate within the confines of the laws and regulations that govern them. Ultimately, business litigators represent clients in adversarial settings, while corporate lawyers focus on day-to-day operations.
Trust the Texas Business Litigation Lawyers at Massingill
Business litigation is both a vital and complex area of law, regardless of how big or small the issues are. At Massingill, we take pride in making the complicated simple, so that you can keep an eye on the big picture while we handle the details.
With work that speaks for itself and a flat fee structure to keep pricing transparent, our trusted team of business litigation attorneys is here to help you through stressful times. To schedule a consultation, call our office or fill out our online contact form to get started.
Where You Can Find Our Austin, TX Office
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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