At Rossman, P.C., we understand the effect that business disputes can have on a company. The firm specializes in all manner of business litigation, whether the matter involves an internal dispute among a company’s fiduciary owners or an outside dispute with a third party. As such, the firm regularly litigates matters involving business claims of various kinds, including fiduciary and statutory breach, breaches of contract, fraud, embezzlement, conversion of assets, and unfair competition.
Disputes often arise out of one party’s failure to perform their obligations under a contract. When parties with whom our clients contract fail to perform their obligations, we efficiently and effectively pursue recovery for our clients by filing breach of contract actions. Likewise, if our clients are accused of breaching a contract, we forcefully defend them in litigation.
Business disputes can also arise out non-contractual duties. For instance, directors, managers, and officers, owe fiduciary duties to their companies. Those fiduciary duties may include the duty not to personally take advantage of opportunities that are within the company’s line of business, the duty to avoid conflicts of interest, the duty not to misappropriate the company’s assets, and the duty to act fairly when dealing with the company. We are experienced in the type of litigation necessary to protect businesses and business owners from improper conduct by fiduciaries.
However, we also understand that, while fiduciary duties are an important safeguard and are necessary for protecting a company’s interests, an action that may further a fiduciary’s personal interests is not necessarily a breach of fiduciary duty. Actions which may be benefit a director, manager or officer personally may also further a legitimate business purpose or be otherwise justified. Additionally, directors and managers who act in good faith must be given latitude in how they manage the business. As such, we also defend directors, managers, officers, and employees accused of breaching their fiduciary duties.
Competition between businesses also often leads to litigation. In some situations, competition can be improper. Where the improper competition is the result of a former employee violating provisions of an employment agreement in which the employee agreed not to compete, not to solicit customers or employees, or not to disclose confidential information, the company may be entitled to relief for violations of the employee’s agreement. Where the unfair competition is causing continuing harm to the business, in addition to suing for money damages, the company has the right to seek an injunction to stop the improper interference.