Types of Disputes that Result in Commercial Litigation
Commercial litigation occurs when two or more parties have a legal dispute that is business related. The application and formation of a business can result in commercial litigation, as can a breach of contract. While these are some of the most common disputes that result in commercial litigation, there are several others, as well. Commercial litigation falls under civil law, which means these disputes are different from criminal law. Still, if a crime was committed as part of the business dispute, there may be separate civil and criminal proceedings. Below, our Knoxville commercial litigation attorney outlines the types of disputes that are most common.
Contract Disputes
Disputes often arise concerning how contracts are to be applied, interpreted, or enforced and when they do, litigation is often necessary. Although contracts are usually legally binding, they are bound by specific requirements and they can only be applied in certain ways. This is one reason it is so important to work with a commercial litigation attorney that can help draft and finalize all business contracts.
Disputes Involving Intellectual Property
From copyrights to patents and trademarks for new formulas, products, and inventions, all intellectual property belong to the person who created it. Still, even when someone properly registers the intellectual property, a dispute can occur in which someone else challenges the original person who created the property, or infringes on the intellectual property. Lawsuits involving infringement of copyright are one of the most common types of commercial litigation, but they are incredibly challenging to prove.
Violations of Non-Compete Agreements
Certain businesses require employees to sign a non-compete agreement. These agreements typically prevent employees from leaving the company to start a similar business of their own, or from working for other competitors within a certain proximity. In Tennessee, non-compete agreements are not looked upon favorably, particularly if they prevent an employee from earning a living. However, the court will enforce a non-compete agreement as long as it is reasonable.
Violations of Non-Disclosure Agreements
Certain jobs require workers to sign a non-disclosure agreement that requires them to keep specific details of their job or the company confidential. If an employer discovers that an employee has violated a non-disclosure agreement, they may decide to enter litigation and sue the employee.
Business Torts
A business tort may occur when the actions of an individual or another business causes a company serious harm financially. All of the disputes or violations above can result in a business tort, but it depends on the type of harm and the extent of damage done. When one party has intentionally caused harm to a company or they behave in an unscrupulous manner for their own benefit, it may result in a business tort.
Our Commercial Litigation Attorney in Knoxville Can Help with Your Dispute
If you are in a business dispute, you need the help of an experienced Knoxville commercial litigation attorney. At Atkins Brezina, PLLC, our seasoned attorneys can help you file a lawsuit or defend against one to give you the best chance of a successful outcome. Call us now at 865-500-3121 or contact us online to request a consultation and to learn more.
Source:
law.justia.com/codes/tennessee/2010/title-47/chapter-50/47-50-112
