Business Litigation Lawyer Memphis, TN
Reasons You May Need a Business Attorney
Small business owners can feel completely isolated. After all, the only person you have to rely on is yourself right? Although this may feel like the case, having a business litigation lawyer Memphis, TN trusts like one from Patterson Bray can provide business owners with a sense of relief. They can help you plan everything you need to protect your business. Whether you are facing litigation threats or need to resolve a dispute, they can guide you so that you can avoid dealing with the worst consequences. A trusted business attorney will give you legal support so you can manage your business and navigate any issues as they come. You don’t want to hire an attorney right when a problem comes up. Be prepared and consult with a reputable business attorney during the early stages of your business formation so you have the preparations you need. Having an attorney by your side to help in preventing problems can go a long way. Not only may it save you money in the long run, Patterson Bray can help to protect your business. We can also help it to thrive by putting forth the proper planning. Having an attorney can help a small business yield positive results in the long run:
#1. Someone With Experience to Provide Their Guidance
When faced with challenges, or, simply making decisions regarding a small business, you will want to speak with someone who has experience on the topic. A business attorney is highly familiar with all areas of business law, as well as the regulations and other requirements your business needs to follow. If you are a business owner, you should work with an attorney who has a record of achieving success for their clients across a variety of scenarios. Whatever issue you are dealing with, you need a business attorney who knows exactly how to approach it. It doesn’t matter if you have a small business that was just formed or has already been established for a few years. Accessing the services of Patterson Bray can provide small business owners with guidance and support regarding their business needs. With our help, we can guide you in making business decisions, no matter how complicated.
#2. The Ability to Stay Within Legal Requirements
You will want to ensure that your business is operating within the law. Failing to do so can result in serious problems down the road. If there are any updates to existing laws, your business has to make the changes to remain compliant. Otherwise, you could face serious legal trouble that can impact your business. Sometimes keeping up with the latest updates to business law can be disorientating, but a business attorney can give you the guidance and support to navigate any changes. A business litigation lawyer in Memphis, TN is well versed in the law. Because of this, Patterson Bray may be able to help our clients to follow key laws that are invaluable to small business owners.
#3. Prevent Lawsuits and Mitigate Damages
Unfortunately, as a business owner, you may be vulnerable to facing lawsuits or legal issues. Threats of lawsuits are an expected part of being a business owner, but when they arise it can be hard to find the best approach. You want to be able to settle them swiftly and efficiently, without them becoming more complex than it needs to be. However, sometimes the threats are persistent and can cause serious harm to your business if they are not handled appropriately. Without the experience and education of a Memphis, Tennessee business litigation lawyer, the likelihood of facing a lawsuit may be far more imminent. It’s important to have awareness of the vulnerabilities a small business owner may stand to face when owning their small business. When you are a small business owner, your options and resources may seem limited compared to that of a large corporation. Patterson Bray can help small business owners by providing them with education required to mitigate problems down the road. Additionally, we can also support our clients who are faced with legal issues should they require assistance.
#4. Drafting Partnership Agreements
In some cases, business owners may choose to form a partnership agreement with business partners. Partnerships are an important and valuable part of leading a company, and they can grow your business in ways that may not otherwise be possible. An experienced and highly trusted business litigation lawyer Memphis, TN relies on can help to draft a partnership agreement that leaves nothing out. Having a partnership agreement in place can help to mitigate a number of problems. Partnership agreements can help to protect all parties involved in the partnership. They include topics such as guidelines for making informed business decisions as well as ways to make major transactions. Including the right tone and language in your partnership agreement can prevent any issues down the road. It’s crucial that you have detailed terms and conditions integrated in your agreement in case of an error or dispute. With our help, we can help business partners to put together agreements that allow a business to thrive and reduce the risk of conflict when faced with disagreements.
#5. Managing Intellectual Property
Should your business have patents are trademarks, chances are you will want to protect them. Any intellectual property that you have developed from scratch for your business needs to be secured. You never know if a person or company will attempt to steal your IP and pass it off as their own for their profit. Copyrights and trademark registrations involve several steps, so if you need detailed guidance an attorney can help you. With the regular guidance of an attorney, you can discuss the terms and details of your business. A business litigation lawyer in Memphis, TN can help you to take action or steps towards property even when you may not even realize that you have intellectual property to protect.
We have experience in representing business owners manage the formation of small business. Creating a thriving small business starts with a strong foundation. When you are first starting out, you want to be attentive to every requirement so that you are set up for success. This is crucial if you want to avoid running into problems early on. We not only have the ability to prevent problems, we can also help mitigate issues should they arise. For a small business, even the smallest issues can ultimately result in the downfall of a small business. With the help of Patterson Bray, we can assist our clients in properly managing their business and facing issues should they arise.
FAQ: Business and Commercial Litigation
Business and commercial litigation entails any dispute of a legal nature, which arises between two or more entities. These companies may then have to settle their dispute in court. There are alternatives to litigation, which commonly entail arbitration and mediation. Companies that are trying to avoid litigation may hire a Memphis, TN business litigation lawyer for assistance with this process, potentially saving that company thousands or even millions of dollars as a result of a knowledgeable and strategic approach to the legal situation at hand. Conversely, the experienced guidance of a Memphis, TN business litigation lawyer can also be useful if a company is suing another party and wants to increase their chances of receiving the maximum compensation possible.
What is mediation and arbitration?
Mediation is a process whereby the parties involved in a legal dispute meet with an unbiased third party, and attempt to arrive at a resolution together. Mediation can benefit both sides if they are motivated to avoid court entirely. In arbitration, the companies agree to have an arbitrator hear each side of the argument and then determine the outcome. Through using mediation or arbitration, companies can save additional legal fees by avoiding litigation. The legal team at Patterson Bray can explain whether arbitration or mediation may be a valuable (or necessary) approach to a legal situation or whether pursuing litigation is more likely to result in a company’s desired outcome.
What are examples of common disputes?
In business or commercial litigation, it isn’t uncommon for a Memphis, TN business litigation lawyer to assist with disputes pertaining to contracts, business torts, trade secrets, noncompete agreements, copyrights, and shareholder conflicts. If a business is involved in litigation or a dispute, then they should consult with their lawyer promptly to preserve their legal options. The outcome of a case could have a serious impact on the success and operations of a business. This is why it is strongly encouraged that business owners obtain legal representation as soon as possible.
What if a business is faced with a lawsuit from an employee?
A lawsuit from an employee who makes claims against a company, real or imagined, can severely impact public perception and reputation. A fear that many business owners have is receiving a notice that an employee is suing them for one reason or another. To prevent the situation from escalating, it is crucial to get a legal team on board who has knowledge in defending such attacks. The focus of a business litigation attorney is to handle a lawsuit against a company so that there are minimal damages. Depending on the lawsuit itself, a Memphis, Tennessee business litigation lawyer may recommend arbitration, mediation, or moving forward to litigation. Claims that may be filed against a company can include:
- Workplace harassment
- Discrimination (gender, ethnicity, disability, sexual orientation, religion)
- Hostile work environment
- Unfair discipline
- Unlawful termination
- Docking pay
- Personal injury
- Sexual harassment
- Retaliation
- Defamation
My Company Is Being Sued. Now What?
When facing a lawsuit, there is no need to panic. After all, it is not uncommon for a business to face civil legal action. Lawsuits can come from a number of different parties, such as a customer, a supplier, a current or former employee, or even another company. Regardless of who is suing you, there are steps you can take to protect yourself. In order to best protect your legal rights and financial interests, it is imperative that you contact an experienced business litigation lawyer in Memphis, TN as soon as possible.
Understand the Lawsuit
Plaintiffs are required to notify a defendant that a lawsuit has been filed. Once you receive notification of legal action, you need to reach out to your lawyer. Please let your lawyer review the lawsuit so that he or she can determine the best way to protect your company. There are two major (and very common) mistakes that you need to avoid at this stage of the process:
- Do not wait to act. You need to get out in front of the issue. Get your case in the hands of your attorney immediately. By waiting and forcing yourself to play catch-up, you will be hurting your own case. Remember, a lawsuit will not go away on its own.
- Do not contact the other party. While you may be tempted to handle the problem on your own, you should never contact the party who filed the lawsuit. By doing this, you risk damaging your own case. Always go through your lawyer.
Notify Your Insurer
In many cases, the lawsuit in question will be covered by an insurance policy. If this is true in your case, you need to notify that insurer of the issue. In the event that you fail to notify the insurance company within the appropriate time frame, your company may lose out on some protection. It is also important to remember that an insurer may not always cover the claim, even if you believe they should. Your Memphis, TN business litigation lawyer can help hold the insurance company accountable.
Prepare a Response
Finally, your lawyer will help you determine exactly how to respond to the lawsuit. Often that involves filing the following two common responses:
- A Motion to Dismiss: This type of response is an official request for the court to throw out the lawsuit in question. Ultimately, a motion to dismiss is a procedural request. With this response, you will not be responding to the facts presented by the plaintiff. Instead, you will seek to win the lawsuit on purely technical legal grounds.
- An Answer: Alternatively, you may also need to file an answer. An answer to a lawsuit is a direct contest to the case presented by the plaintiff.
Contact an Experienced Business Litigation Law Firm Today
If your company has been hit with a lawsuit, you may benefit from contacting a law firm immediately to set up a confidential consultation with a Memphis, TN business litigation lawyer who will evaluate your case and discuss what legal options may be available. For more information, call Patterson Bray PLLC today.