This article explains:
- The common types of business litigation levied by or against businesses.
- What you can recover after a securities fraud case, and how.
- How a business litigation attorney can help, and how to choose one.
What Are Some Common Types Of Business Litigation?
Business litigation refers to a broad and complex field of legal battles: as corporations and businesses grow, fall, and expand, they will inevitably both cause problems and face difficulties. Business litigation deals with all the complexities of interactions both between businesses, but also between businesses and individuals. Such litigation can include:
- Debt/Promissory Note Defaults
- Breach of Contract
- Intellectual Property Infringement
- Breach of Management or Fiduciary Duties
- Business Dissolution
- Fraud & Securities Fraud
- And more…
What Damages Can Be Recovered In A Securities Fraud Case?
With the help of a competent business litigation attorney, you can sue to recover a portion of, the entirety of, or an amount greater than the original investment.
Damages awarded in securities fraud cases often include:
- A return of the investment principle,
- Interest on that amount, (commonly 10%),
- Attorneys’ fees,
- In some cases where the fraud is particularly egregious, punitive damages up to three times the original principal investment amount.
If you are not sure whether you have any chance to recover your investment after a case of fraud, your best option is to contact a business litigation attorney as quickly as possible.
How Long Do I Have To File A Securities Fraud Lawsuit?
Most types of litigation need to be brought within a certain time limit called the statute of limitations or statute of repose. Though statutes of limitation vary based on which laws you are calling on to recover your funds, fraud claims might require you to file as early as two years after the original incident and within as many as five or six years in some cases.
Because of these time limits, it is imperative that you promptly check with a competent and experienced business litigation attorney in your area to discuss the particulars of your case. By acting swiftly, you can avoid losing out on your ability to recover damages altogether.
Who Can Be Held Liable For Securities Fraud?
A key topic your business litigation attorney will be able to advise you on is who exactly to bring the case against.
Securities fraud defendants often include those who are primarily liable – meaning that they were immediately involved in making misrepresentations to the investor. Additionally, your case can involve those with secondary liability, such as officers and directors of the company issuing the securities. Parties with secondary liability can be held responsible for the misrepresentations and omissions of others even where they had little or nothing to do with the disclosures themselves.
What Is The Role Of A Business Litigation Attorney?
Whether dealing with a securities fraud case or other business litigation, the primary role of a business litigation attorney is to first determine whether or not you have a case. Then they will assess the value of fighting it out in court, as opposed to trying to reach a settlement compromise, or just moving on without engaging in litigation.
Next, the business litigation lawyer’s role is to do everything in their power, within ethical guidelines, to get you the best possible result.
For example, their tactics and strategies might include bringing a series of motions before trial that flush out the facts, clarify the law, and test both parties’ assertions. Normally, this educates everyone involved on the merits of their claims or defenses, and it helps the parties determine whether they want to continue onwards to court or to try and settle instead.
It is also important that a litigation lawyer has the judgment to bring motions helpful to the case relative to their cost. Lawyers who file motions just for the sake of it often do not serve their clients as well as they could if they were more judicious in doing so, as the costs might outweigh the benefits.
How Do I Choose A Business Litigation Attorney?
Of course, you need a lawyer who will give you the best chance of winning your case while minimizing the amount of time and money spent. To get the outcome you’re looking for, it is crucial to find a business litigation attorney whose services and experience match the specifics of your case.
Some cases are best handled by large full-service law firms where your case will be spread over a large number of lawyers and support staff available. However, a significant number of business litigation cases are not a good match for larger law firms, as these practices are more likely to be distracted by (or actively choose to prioritize) cases larger than yours. Larger firms also tend to have larger overheads which typically is passed onto the client in the form of higher fees.
Regardless of which kind of law firm you choose, it is vital that you choose an attorney with a track record of success and experience litigating the type of case that you are dealing with.
Why Should I Consider Hiring Your Firm For My Business Litigation Needs?
If you believe that your or your company’s legal rights may have been infringed upon, or if you have been accused of wrongdoing, early consultation with competent counsel can be the difference between winning and losing your case.
Attorney David S. Hunt has years of experience handling a wide range of litigation matters, and he is prepared to take every opportunity to meet your goals.
- If you are a potential defendant, Attorney Hunt can direct you down different paths that can help damage to be contained, minimized, or dissolved by an early resolution.
- If you are a potential plaintiff, Attorney Hunt will identify the strengths and vulnerabilities of your situation and take quick action to preserve important documents and details before memories and witnesses become less available.