Business & Commercial Litigation
Owning, managing, and conducting business can be complicated. DeSanto Morgan & Taylor will help you sort through the legal ramifications of your business decisions and advise you of different courses of action. We take a proactive approach and work with you to minimize future disputes. In the event of litigation, however, we work to understand your unique company and business to best analyze the dispute and evaluate the harms caused to your business.
Businesses can be owned as corporations or partnerships and have limited or general liability. The form your business takes has obvious consequences for the tort and contract liability that you may incur. Unfortunately most business owners fail to realize that the best way to protect themselves is not to fight hard once a dispute has arisen, but to make an informed decision during the formation process. At DeSanto Morgan & Taylor, we advise you on the forms that your business may take so that you can make an informed decision regarding the most appropriate formation for your business.
In all types of commerce, competition abounds. The law provides that certain types of competition are unfair in their nature and prohibited. Unfair competition may be found in advertising or in the types of product or services offered. At DeSanto Morgan & Taylor, we protect both consumers and competitors from the damage that a business engaging in unfair competition can cause. We also advise your business on how to avoid prohibited conduct to avoid exposing your business to liability.
Most frequently contracts between parties are in the form of a written agreement, including business agreements. This is not always the case, however, and contracts may be oral in form. Regardless of the form the agreement takes, once parties have reached an agreement, they are under a contractual obligation to perform. Our lawyers can advise you on contract interpretation, whether you are in breach of your contractual obligation, and assist you in drafting your written agreements with careful language avoiding ambiguity. In the event that there is a breach of the contract or a dispute over interpretation of the contract, there are many avenues to pursue. If the contract is ambiguous, a declaratory action should be pursued in order to get a court to offer its interpretation. If there has been a breach, the harmed party can seek damages or injunctive relief against the breaching party. At DeSanto Morgan & Taylor, we pursue both declaratory and legal actions to protect the interests of damaged parties.
When a business owner or contractor breaches the agreement and fails to pay for services, labor, or materials, debt collection may be pursued. This may be handled out of court, through the drafting of a collection letter. We handle all negotiations in attempts to satisfy the outstanding obligation as soon as possible. In more complicated cases, we assist clients in preparing and trying debt collection actions. When appropriate, we also pursue interest, attorney’s fees, and costs. In order to find money for collection to satisfy the debt, we are well versed in the applicable liens and garnishments that we may pursue.