Litigation & Dispute Resolution
Roach, Lennon & Brown stands as a beacon of experience and expertise when it comes to litigation in both state and federal courts, encompassing an extensive range of commercial claims and disputes. We understand the imperatives of sustaining business momentum even in the midst of conflicts, and we remain ever-mindful of the costs associated with dispute resolution.
While we always prioritize amicable resolution strategies to preempt litigation, our seasoned litigators are fully prepared to enter the courtroom when circumstances demand. In such scenarios, our trial attorneys deploy astute, business-centric strategies to secure our client's objectives efficiently and effectively. This wealth of expertise is further amplified by our rich legacy of handling multifaceted commercial disputes for a diverse clientele.
When faced with litigation, whether as the plaintiff or the defendant, you can trust Roach, Lennon & Brown to stand by your side, safeguarding your interests with unyielding commitment.
Areas of Expertise in Civil Litigation & Appellate Practice:
- Business and Commercial: From intricate mergers to straightforward contracts, our expertise spans the gamut of business-related disputes.
- Shareholder and Partner Disputes: Safeguarding your interests in any internal conflicts involving shareholders or business partners.
- Breach of Contract: Navigating the complexities of contract law to ensure justice for our clients.
- Environmental Claims: Addressing disputes stemming from environmental concerns and regulatory compliance.
- Construction Claims: Representing clients in matters concerning construction agreements, defects, and other related disputes.
- Collection and Judgment Enforcement: Ensuring that our clients receive the judgments and settlements they are rightfully entitled to.
- Employment, Compensation, and Labor-Related Disputes: Addressing matters spanning wrongful termination, wage disputes, and other employment-related conflicts.
- Intellectual Property: Vigorously protecting our client’s rights in cases of copyright and trademark infringement, trade secret violations, and unfair competition.
- Restrictive Covenants: Offering counsel and representation in matters concerning non-competition and non-disclosure agreements.
- Product Liability: Advocating for clients in cases of faulty products leading to harm or damage.
- Personal Injury: Representing clients who have suffered harm due to the negligence or intent of another.
- Trust and Estate Disputes: Addressing conflicts arising from wills, trusts, and other estate planning instruments.
Trust in Roach, Lennon & Brown to be the stalwart defender and advocate in your commercial litigation needs. Your priorities are our mission.
What if I have a copy of the will or trust that predates or postdates the version filed with court?
If you find a copy of a will or trust that pre or post states the copy that was filed with the court that is something that should be brought to the court's attention immediately. You should also consider retaining legal counsel to discuss the potential ramifications of that document's existence and its effect upon your rights in that will or trust.
What is a covenant not to compete?
A covenant not to compete is a restrictive covenant typically contained in an employment agreement which says that upon the conclusion of employment for a certain period of time and in a certain geographic area the individual employee will not compete with their former employer.
What is a breach of the implied covenant?
The implied covenant refers to the implied covenant of good faith and fair dealing which is a part of every contract a breach of the implied covenant is when one party to the contract acts in a manner that deprives the other party to the contract of the bargained for benefit
What does interference with contractual relations mean?
Interference with contractual relations refers to a situation where a third party with awareness of a contractual relationship that you have with another party procures a breach of that contractual relationship and causes you damage.
What is a non solicitation agreement?
A non-solicitation agreement is a contractual arrangement whereby typically an employee and employer have an arrangement that when the employee leaves they agree not to solicit clients or customers of their former employer for a certain period of time.
What is fraudulent inducement?
Fraudulent inducement refers to a situation where a party is fraudulently induced tricked into entering a contractual agreement or a transaction.
Who can ask for an accounting in a partnership or corporation?
In order to answer that question one first has to understand what an accounting is and that is a detailed analysis of the transactions of a business in a partnership. Generally speaking any partner is entitled to an accounting at any point upon demand in a business such as a corporation the rules are governed by the statutes and state that shareholders directors officers or other interested parties can demand an accounting
What kinds of damages can be awarded in a breach of contract lawsuit?
In a breach of contract lawsuit there are two types of damages that can be awarded: Actual damages and consequential damages. In certain circumstances, attorneys fees liquidated damages and even punitive damages can be available.
Are there alternatives to going to court to resolve business disputes?
Yes there are alternatives to going to court to resolve business disputes although a lawsuit is traditionally the means that parties will litigate their differences arbitration and mediation are two forms of alternative dispute resolution that are available.
How are business disputes handled?
Business disputes can be handled in a variety of ways oftentimes short of litigation.
The first place to look to determine how to handle your business dispute is any contract that's involved contracts often include dispute resolution provisions which require mandatory mediation or arbitration
My business was sued. What do I do?
The first thing that you should do if your business is sued is contact legal counsel.
Often there are very short deadlines that must be complied with in order to avoid a default once council has been contacted you can talk about your options to defend the lawsuit.
What are the elements of fraud?
The essential elements of a fraud cause of action are:
- A misrepresentation of material fact that is false when made
- That was known to be false by the person who made it
- That was made with the intention of getting someone else to rely upon it
- And that was in fact relied upon by someone to their damage or detriment
What are liquidated damages?
Liquidated damages are contractual damages that are agreed upon by the parties beforehand in the event of a breach
What is a fiduciary duty?
A fiduciary duty is a special duty such as a duty of good faith, a duty of care, a duty of loyalty that arises out of the nature of a relationship between two parties. Sometimes that is a common law duty that arises just simply out of the relationship and sometimes that's a statutory duty that is put in place by the laws or regulations in the jurisdiction.
What are trade secrets and how are they protected?
Generally speaking, trade secrets are special information that a business has which confer a competitive advantage upon them. Trade secrets are protected in many ways including most often non-disclosure agreements, which is an agreement that a person who obtains access to the information must sign that they'll keep it confidential.