COMMERCIAL LITIGATION

Mark Marino has commercial litigation experience at some of the top law firms in the country. Some of the most common types of business/commercial litigation issues include:

Breach of contract. When two parties have a contract with one another, and one of the parties fails to perform their part of the deal, that party is in breach of the contract. For example, two companies could enter into a contract for one of the companies to purchase a certain amount of the other company’s merchandise. If the company that agreed to buy the merchandise fails to follow through, it’s in breach of the contract. The company that suffers from the breach can sue to enforce the contract or get compensated. 

Breach of fiduciary duty. A fiduciary duty exists when a person has an obligation to act in the best interests of another person. For example, in a corporation, the board of directors has a fiduciary duty to act in the best financial interests of the company’s shareholders. A breach of fiduciary duty can arise when a board member has a conflict of interest or engages in self-dealing. 

Partnership disputes. If the individuals who started or run a business disagree about how to operate the company going forward, this can lead to legal issues. Partnership disputes may go beyond disagreements and even involve the misappropriation of funds. Legal action or alternative dispute resolution may be needed, depending on the issue.

Non-compete and unfair competition issues. Non-compete agreements are a type of contract between an employer and employee. They aim to prevent employees from taking confidential information or training from the employer and using it as a competitor.

Fraud. Fraud is intentionally misrepresenting or withholding facts from another party to get an unfair benefit. Fraud can arise in many business-related contexts, including the sale of goods and business transactions.

Business torts. A business tort is a wrongful action that someone takes against a business that causes the business financial harm. A major business tort is called tortious interference. This is when a third party intentionally interferes with a company’s current or prospective contracts or business relationships to cause the company economic harm.

Employment law issues. Employment issues can include anything from wage and hour disputes to wrongful termination to discrimination claims.