Sussex County, New Jersey Business Litigation Attorney

A civil and commercial litigation law firm represents businesses and individuals in civil and commercial matters.  In civil litigation, the litigants may be corporate entities or, instead, individuals.  In commercial litigation, also known as business litigation, both the plaintiff(s) and the defendant(s) are companies, rather than people.

Civil and commercial claims usually fall within one or more of three categories: breach of contract actions, business torts cases, and statutory claims.

• Breach of Contract Actions.  In a breach of contract action, the plaintiff charges the defendant with breaching, or failing to comply with, a written or oral contract.  A contract is a binding promise consisting of an offer, and acceptance, and consideration.  When you enter into a contract, you agree to fulfill certain duties, such as furnishing goods, providing services, or timely paying for goods or services provided. When you enter into a contract, you must comply with that contract.
• Business Torts claims arise from conflict between parties that causes harm or injury, and in which there is no contract involved that directly pertains to the issue at hand. These matters are usually ruled via common law, which are the precedents set by judges’ decisions in other similar cases.  Trade libel, fraud, negligent misrepresentation, invasion of privacy, theft of trade secrets, intentional interference with a contract, and purposeful interference with prospective business relationships all constitute tortious acts.
• Statutory claims involve the violation of laws enacted by the legislature, such as laws prohibiting consumer fraud or discrimination in employment.  For example, causes of action brought under the New Jersey Consumer Fraud Act, the New Jersey Uniform Fraudulent Transfer Act, the New Jersey Law Against Discrimination, or the New Jersey Conscientious Employee Protection Act are statutory claims.

What Can A Business Torts Lawyer In Sussex County, NJ Do For Me?

“Business torts” is a wide-ranging term that encompasses many types of grievances and business losses. Losses in these matters are due to the improper or wrongful conduct of individuals or businesses which are not under contract with each other. Business torts may include a wide range of unlawful conduct, from fraud and misrepresentation to wrongful interference in prospective or existing contracts and relationships between businesses.

Any business lawsuit involving a tort matter is usually incredibly complicated. These lawsuits tend to involve numerous parties and legal complaints which require broad investigations and appraisals of the losses that have been incurred.

These appraisals and legal concerns can be immensely difficult to understand and deal with. They require a skilled and experienced eye to sift through the evidence of the case and relate how it pertains to the statutes and case law that will support the complaint in the litigation. Additionally, these matters involve large volumes of documents (whether paper or electronic).

If you are seeking to recover losses due to a tort matter, a civil litigation attorney will advocate on your behalf. Attorneys who specialize in this field are aware of all the different applications of the law and are experienced in the process of negotiating fair and favorable outcomes for their clients.

The Law Offices of David S. Rich LLC have been pleased to represent clients in a wide variety of civil and commercial matters throughout New Jersey. Our dedication to providing our clients with high standards of attentive representation and professionalism has earned our firm recognition from members of our community.  Further, David S. Rich holds, among other designations, an AV (Preeminent) Peer Review Rating from Martindale-Hubbell.

Should another party breach a contract with you or your business, a contract disputes lawyer can help you understand and evaluate your legal options.  For example, a contract may require that you engage in alternative dispute resolution before prosecuting a lawsuit for the breach.  So, too, the agreement may prevent a non-breaching party from recovering certain categories of consequential damages, such as lost goodwill or lost profits.

A breach of contract lawyer will be able to go over the terms of your contract and the details of your situation and help you to find a path toward a solution.

Not all breaches of contract mandate or permit litigation. Rather, some agreements expressly prescribe arbitration or another form of alternative dispute resolution (ADR). ADR processes such as mediation and arbitration can be forceful tools for settling your contract disputes.

Mediation: The parties select a mediator, who is a unbiased non-party to the agreement. In mediation sessions, the mediator hears each side’s arguments and facilitates the parties’ settlement negotiations. The mediator may convey, to the other party, each party’s monetary demands or monetary offers.
Further, the mediator may give his or her view of the strengths and drawbacks of each party’s position. However, the mediator cannot, without the parties’ consent, force a settlement upon the parties.

Arbitration: The parties select an arbitrator, or a panel of arbitrators. The parties engage in limited discovery. Then, at an evidentiary hearing, the parties examine and cross-examine witnesses, introduce documents into evidence, and present opening and closing statements. This trial-type hearing is somewhat briefer and less formal than a trial in a court. Moreover, the arbitrator and not a jury acts as the finder of fact.

After the parties have presented their cases, the arbitrator determines whether there was a breach of agreement, and if so, awards money damages to the claimant. Either party may petition a court of law to confirm, set aside, or modify the arbitration award. That said, because the grounds for vacating or modifying an arbitration award are much narrower than the grounds for reversing a court’s judgment, courts confirm most arbitration awards.

Mediations are confidential. Likewise, arbitrations are confidential, except sometimes for the arbitration awards themselves.

If you are in the early stages of a contract dispute, it may be useful to explore options that can result in mutual solutions. With the assistance of a business litigation attorney, you may be able to negotiate a beneficial outcome before ever entering a courtroom.

If mediation or arbitration appears to be a beneficial route, your civil and commercial litigation attorney will be able to represent your interests and negotiate on your behalf throughout this process. Additionally, mediation (and, to a lesser extent, arbitration) tends to be faster and less expensive than litigation.

If pre-lawsuit negotiations and alternative dispute resolution fail to resolve a contract dispute, a Sussex County business litigation lawyer can help you enforce your legal rights. Your business litigation attorney will draft, file, and serve a complaint, and will prosecute your lawsuit seeking specific performance of the contract or monetary damages.

In New Jersey, there is a six-year limitation period for breach of contract lawsuits. As a result, it is crucial to retain an attorney as soon as possible to sue the breaching party for breach of a contract.

To obtain the maximum monetary recovery, you need a skilled and detail-oriented lawyer. Your Sussex County Contract Disputes Lawyer will help you assess, quantify, and establish your damages to the court or arbitrator. Further, your contract lawyer will work to increase your monetary recovery, and will endeavor to rebut any defenses or counterclaims which the breaching party may raise.

The Law Offices of David S. Rich, LLC writes, negotiates, and compels performance of contracts which increase a company’s leverage in any scenario.

If your company needs a business contract or business agreement, contact the Law Offices of David S. Rich, LLC. Likewise, if your company needs a contract disputes lawyer to defend it in breach of contract litigation, call Sussex County, New Jersey Contract Disputes Attorney David S. Rich at (201) 592-7200.