Business disputes arise in every way imaginable. They involve individuals, small companies and large companies alike. Many times, large companies try to "steamroll" individuals or small family owned companies with whom they are conducting business. This type of conduct is often unlawful and is subject to the Georgia laws proscribing these acts. For instance, it is an unlawful business act in Georgia to breach a contract in bad faith when one is acting in a fiduciary capacity of another. Another act that is not allowed in Georgia is a breach of good faith and fair dealing, which is inherent in almost every contract that is entered into in Georgia.
There are many avenues that a business dispute may take in the course of trying to resolve the dispute. This could take the form of pre-litigation negotiations, mediation, non-binding arbitration, and increasingly more common due to more prevalent contractual language, binding arbitration. Declaratory judgments are another important tool in litigation. They allow businesses or individuals to seek a court’s direction at the early stages of a controversy and to get a ruling (or “declaratory relief”) in a relatively short amount of time. When there is uncertainty as to the legal obligations or rights associated with a potential future course of action, declaratory relief offers an immediate means to resolve this uncertainty without having to wait and go through the entire lawsuit process. Declaratory relief is available in both state and federal courts. In addition, due to recent legislation, there will be a special business court system in the State of Georgia (similar to the business court system that Delaware is famous for) in late 2019 or early 2020. Each of these methods of resolving a business dispute has its plusses and minuses. Which method to pursue is one of the more common early strategies that are employed by both sides in an attempt to get into the forum that suits your side’s interests best.
The different types of business disputes run the gamut, but some of the more common examples that we see are:
Robert J. Fleming is an experienced Atlanta business lawyer who has tried a number of business cases to verdict with great success. In addition to a law degree, Mr. Fleming has an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes for his business clients. This includes being able to evaluate the prospects of your case, identify potential issues related to the case, and litigate the case in court, if that is the best course of action.
If you would like to discuss your case in complete confidence, please call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.