Business Dispute Attorney Serving New York City
Running a business is a challenging and rewarding experience, however, as many business owners, managers, and executives can attest, disputes and conflicts are inevitable. When a disagreement reaches the level of legal action, it can be disruptive to the operations as well as a drain on profits. There are ways to mitigate the fallout of business disputes and protect your interests, not the least of which is having an experienced business law attorney in your corner.
Scaffidi & Associates provides consultations and comprehensive legal services to the New York business community, including entrepreneurs, startups, established businesses, and large corporations across multiple industries. Our practice encompasses contract law, real estate law, employment law, and consumer law, as well as premises and product liability. We have a proven track record of helping our clients resolve disputes through mediation and arbitration and are equally comfortable pursuing or defending litigation in the state and federal courts.
Common Business Disputes
Conflicts can arise from any business relationship, whether with other businesses, vendors, consumers, or employees. Some common disputes include:
- Disputes Between Companies – Inter-business disputes involve all types of situations, including enforcement of contracts, copyright, patent and trademark infringement, interference with contractual relationships, and violation of noncompete agreements. Although many disputes can be resolved through intricate negotiations, we have the skills and resources to successfully litigate any matter.
- Breach of Contract – These disputes are fairly typical, but could also undermine the objectives of a business. Breaches can often be prevented by negotiating agreements that specify the rights and responsibilities of the parties and also include enforcement provisions. Nonetheless, breaches of contract can lead to litigation seeking either monetary damages or specific performance, as well as injunctive relief.
- Consumer Issues – Consumers are the lifeblood of any business, but complaints over the quality of products or warranties often lead to lawsuits. Businesses are also at risk of product liability lawsuits when dangerous or defective products cause injuries. Finally, liability lawsuits can arise when customers, vendors, and other visitors are injured in accidents involving your premises, products, or employees. Regardless of the circumstances, having a knowledgeable attorney on your side to defend against these claims is crucial.
- Breach of Fiduciary Duty – These disputes often arise in corporate settings in which officers and directors have a fiduciary duty to act in the best interests of the company, its shareholders or investors. When this duty is breached, whether due to conflicts of interest, failure to comply with company policies, lack of corporate governance, or failure to disclose information to stockholders, the responsible parties can be held liable.
- Shareholder or Partnership Disputes – Conflicts between decision makers and shareholders are not uncommon, nor are disagreements between partners over governing policies or corporate direction. Our legal team encourages the resolution of shareholder and partnership issues in a manner that moves the business forward in a positive direction.
- Employment Disputes – These disputes involve a wide range of issues with employees, including hiring and firing, discrimination and harassment, employee benefits, or nondisclosure and noncompete agreements. Such disputes can often be avoided or mitigated through the use of well-designed employment contracts. In any event, it is essential to have the advice and counsel of attorneys with experience in local, state and federal employment laws.
Preventing Business Disputes
There are a number of ways to avoid disputes, starting with establishing and implementing policies and procedures governing day-to-day interactions and transactions. Additionally, it is crucial to negotiate and prepare well thought-out contracts that include necessary provisions for enforceability.
Depending on the nature of the business, it may also be necessary to obtain waivers of liability from customers and clients, and also to ensure that products the company provides include all the necessary information and warnings. Finally, it is crucial to develop policies for hiring and firing employees, and to spell out the rights and responsibilities of both the employees and the employer.
New York City Business Dispute Lawyer
At Scaffidi & Associates, we have decades of experience helping our clients resolve all types of business disputes. Our primary objective is to arrive at win-win solutions while avoiding the need to pursue costly litigation.
Our legal team has extensive experience handling alternative forms of dispute resolution, such as arbitration and mediation, and will work tirelessly to settle your dispute without judicial intervention. If a negotiated settlement cannot be reached, our trial attorneys will leverage their legal knowledge and skills to vigorously advocate on your behalf in the courts.
We also dedicate ourselves to helping businesses avoid disputes by designing practices and procedures for handling relationships with other businesses, customers, and employees. By understanding the exigencies and objectives of your organization, we design strategies to resolve disputes proactively and protect your interests.
It’s been said that the business of business is business, and disputes can have a significant adverse impact on the bottom line: profits. In order to preserve the viability of your business, it is crucial to have the first-class legal representation that we are uniquely qualified to provide. Call our office or complete the contact form on our website to set up a consultation.