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While business owners likely would prefer to avoid litigation, it can be difficult for a business to stay out of disputes entirely. If you are facing a dispute with a business partner, a competitor, or another company, it is crucial to retain an experienced Raleigh business litigation lawyer. Jason M. Burton is an experienced and skillful trial attorney who is accustomed to handling high stakes litigation in North Carolina and Southern Virginia.
Even minor disputes can turn into complex and expensive litigation, which demands a skillful attorney who has a strong reputation. Business litigation can involve breach of contract cases, fraud claims, allegations of deceptive or unfair business practices, shareholder and partnership disputes, controversies over non-solicitation and non-compete agreements, insurance disputes, and claims involving the alleged misappropriation of trade secrets.Breach of Contract Cases
One of the most common theories under which North Carolina business litigation occurs is breach of contract. In many cases, the parties can resolve a breach of a contract without resorting to litigation. However, there are also situations in which a breach is serious, and a business may have a breach of contract claim under common law or by statute.
If there has been a breach of a contract, the non-breaching party to the contract may be able to get the benefit of the bargain. Damages that a business litigation attorney in Raleigh potentially can recover include lost profits, losses incurred while performing the contract, and damages that are foreseeable consequences of a breach, such as the costs of finding another buyer. However, a breaching party to a contract cannot recover a remedy. A business usually cannot recover non-economic or punitive damages based on a breach of a contract.Fraud Claims
Civil fraud claims can be pursued privately. These involve intentional deception to obtain a monetary gain. If a business or individual is harmed by civil fraud, it can bring a lawsuit to recover damages caused by the fraud. The lawsuit could involve a common law fraud claim. A plaintiff seeking to prove fraud needs to show a false representation of fact made by someone else, who knew that the representation was false when it was made and made it to induce an individual or business to act or not act in reliance on the representation. The plaintiff also must show that they were harmed due to their reliance on it. Moreover, sometimes it might be appropriate to sue under N.C. Gen. Stat. § 75-1.1, which permits treble damages and attorneys’ fees under some circumstances. This law applies to interactions between businesses, consumer sales, and sales transactions governed by the Uniform Commercial Code. It is potentially a cause of action that a Raleigh business litigation attorney might add to a lawsuit in which an aggravated breach of contract or common law fraud is already alleged.Other Business Torts
Business torts involve wrongs committed by a person or business that harm or affect commerce. In addition to fraud, they can include negligent misrepresentation, misappropriation of trade secrets, unfair competition, and tortious interference with contracts or prospective business relationships. What needs to be shown depends on the theory under which relief is pursued. For example, tortious interference can be proven by showing that there was a valid contract between the plaintiff and a third party, the defendant knew of the valid contract, the defendant intentionally induced the third party not to perform its side of the contract, the defendant acted without justification, and the plaintiff incurred damages.
Trade secrets are protected under federal and state laws. Both statutory frameworks can support an effort to obtain a remedy. In North Carolina, a trade secret is business or technical information that derives standalone potential or actual commercial value from not being known or readily ascertained through independent development or reverse engineering by someone who can get economic value from the disclosure. Its owner must make reasonable efforts to keep it secret.Blended and Contingent Fee Arrangements
Business litigation attorney Jason M. Burton began his career as a judicial clerk in the North Carolina Business Court, a special division of the State Courts that hears complex business litigation cases. After receiving an intense education in commercial litigation, he worked for several years in national law firms providing business litigation services to dozens of clients, including Fortune 500 companies. Through his experience, he understands that some businesses are unable to foot the costs and attorney’s fees necessary to litigate important cases with large damages at issue. For that reason, Burton Law Firm accepts select business litigation matters on a blended rate basis or a pure contingent fee basis. If you have a valuable claim against a business or competitor, but cannot withstand the financial stress of protracted litigation, contact us to see if we can find a billing structure that works.Contact an Experienced Business Litigation Lawyer in Raleigh
If a lawsuit related to your business or your business interests may be on the horizon, you should retain an experienced trial attorney. The Burton Law Firm represents clients in Raleigh, Durham, Fayetteville, Greensboro, Winston-Salem, and communities in Southern Virginia. Call us at 833-623-0042 or contact us through our online form.