Abogados de litigios comerciales en Baton Rouge y Lake Charles, LA

An internal dispute within a company or a disagreement in a business deal can be frustrating, time-consuming and costly.

At Simien & Simien, LLC, our Louisiana business litigation attorneys are qualified to handle matters involving corporate and business law. Our  successful law firm  is comprised of experienced litigators who have taken on corporate giants in pursuit of our clients’ interests.

We bring the same level of dedication and tenacity to every claim we take on. We will review your claim during a free legal consultation that requires no obligation to retain our firm.

Call 225-224-2222  or fill out our  Free Case Evaluation form  to get started today.

Types of commercial claims

As accredited Louisiana commercial litigation attorneys, we have a solid understanding of complex transactions and agreements that allows us to meet the needs of businesses of all sizes.

We cover numerous areas of commercial law, including:

• Business Tort Claims
• Construction litigation
• Real estate litigation
• Legal negligence
• Professional Responsibility
• Bankruptcy
• Debt collection
• Intellectual Property Litigation
• Trust and property litigation
• Shareholder and corporate disputes

Our experience in these areas has made us highly qualified to take on most areas related to commercial disputes, breaches of contract and professional liability.

Complete a free case evaluation form to contact our Louisiana commercial litigation attorneys.

Common commercial disputes we handle

Disputes are common within the business community and are often resolved without an attorney. However, some disputes require legal action to ensure fairness and prevent one party from acting unethically.

Disputes between companies

It is common for businesses to work together in mutually beneficial partnerships. However, these partnerships can be delicate and cause complex legal issues involving labor, land ownership, breach of contract, and even fraud. These disputes can be long-lasting and costly while creating confusion for each separate business.

We can help resolve a dispute between independent companies as quickly as possible through mediation, negotiation or arbitration, which would avoid a trial. However, if necessary, we will take your case to trial to obtain a favorable outcome.

We also handle certain employer-employee cases involving employment agreements, misappropriation of trade secrets, non-compete agreements, wage disputes, and severance agreements and exit packages.

Partnership disputes

Business partnership disputes often arise from miscommunication or a misunderstanding of the control each party has within the company. It is often the case that an agreement should have been made when the partnership was originally formed that clearly stated the role of each party and listed their duties and obligations.

It may be in the best interest of all parties involved to retain a Louisiana business litigation attorney before deciding and agreeing to the terms of the partnership to ensure that both parties understand the level of compensation, control, and contributions that must be met under the partnership.

However, our attorneys can also help negotiate disagreements after a partnership has already been formed.

Professional negligence

Outside sources hired to perform a task, such as a contractor, accountant, or insurance agent, are required to perform their work in a similar capacity as others in their field would under similar circumstances. If an outside source fails to fulfill its obligations, it may be held liable for any loss or damage that has occurred due to its negligence.

Legal negligence

Lawyers are expected to exercise due care in handling your legal matter in a professional and ethical manner. Cases of attorney negligence include:

• Statute of Limitations Omitted
• Undue settlements
• Client conflicts of interest
• Documenting and writing up errors
• Not investigating and making the discovery
• Overbilling customers

In legal malpractice cases, LA Rev Stat § 9:5605 provides a one-year statute of limitations to file a claim that begins on the date the negligence occurred or the date the act was discovered or should have been discovered.

Call 225-224-2222  to speak with one of our Louisiana commercial litigation attorneys.

Contractual disputes

One of the most common disputes within the business community is breach of contract. This can occur when there is a disagreement over the terms of an agreement or when one of the parties fails to fulfill the obligations specified in the contract.

For a contract to be valid, the terms must be clearly stated so that all parties involved mutually understand and agree.

For a contract to be valid, certain steps must be followed:

• An offer must have been presented by one party to another.
• Each party must accept the terms of the offer.
• One party must offer some form of payment or consideration to another for the services in question.

Common forms of contract disputes include:

• Problems with drafting and reviewing a contract
• Terms surrounding offers and methods for accepting those offers
• Errors related to the terms of a contract
• Disagreements with the definition of services or technical terms listed in the document

Fraud and coercion can occur when both parties fail to reach a “meeting of minds” or if one party has been coerced or tricked into signing the contract.

When drafting a contract, you should continually check the wording of the document for inconsistencies or sudden changes. You should also have a clear idea of ​​what you want from the agreement and what you are willing to put into it.

Clearly stating your intentions minimizes the risk of miscommunication and mistakes that can cause a dispute.

When a party who was legally obligated to perform a duty has failed to perform its obligation, that party may be held liable for breach of its contractual agreement. There are two types of breach of contract:

Material breach

A material breach refers to any case where one of the parties failed to fulfill its obligations in such a crucial way that it irreparably ruins the framework and purpose of the contract.

When a material breach occurs, the party performing the agreement is released from its obligations under the contract and may sue the breaching party for any damage or loss caused by the breach.

Minor infraction

A minor breach occurs when one party breaks the terms of a contract in a minor way, so that no serious harm has been done to the agreement and the heart of the contract has not been disrupted.

Each party originally involved in the contract must still fulfill its obligations and abide by the remaining terms of the contract. However, the non-breaching party has the right to take legal action against the breaching party.

Legal help for contractual disputes

While you don’t need to hire an attorney, having legal representation to resolve a contract dispute can increase your chances of reaching a fair and ethical resolution.

In most cases involving commercial contracts, it is in your best interest to seek legal advice from an attorney before drafting or signing a contract to ensure its validity.

Under LA Civ. Code Art. 3499, there is a 10-year statute of limitations for filing a claim related to a breach or dispute of both written and oral contracts. If you wait to file a claim outside of this time period, you may lose your opportunity to seek damages.

Our Louisiana commercial litigation attorneys can provide essential legal advice and review the document to determine if it legitimately states your true intentions.

Complete a free case evaluation form to seek legal help from a Louisiana commercial litigation attorney.

How can we remedy your situation?

If you have suffered a loss due to a business dispute, professional negligence, or breach of contract, our Louisiana business litigation attorneys can pursue claims for monetary damages and equitable relief on your behalf.

Monetary compensation

Compensatory damages:  This form of compensation is intended to provide monetary compensation for the amount that the plaintiff would have received had the dispute or breach of contract not occurred. It also provides indirect damages, which compensate the plaintiff for any indirect harm caused by the other party.

Liquidated damages:  Some contracts or business agreements contain a provision for liquidated damages, which provides a predetermined amount of money to the party that suffered a loss in the dissolution of the partnership or breach of contract.

Attorney’s Fees and Costs:  An attorney’s fees and costs may be recoverable if explicitly stated in the terms of the original agreement.

Equitable remedies

Equitable remedies are intended to provide a fair outcome in the event of a breach of contract or commercial dispute. A court revises the terms of the original agreement to make it suitable for one or both parties or cancels the agreement entirely if one party has a significant unfair advantage over the other.

A court may order two forms of equitable remedies:

Specific Performance:  In certain cases, our attorneys may seek a court order requiring “special performance” in a breach of contract lawsuit. In this case, the breaching party will be required to perform its original obligations under the terms of the contract.
Rescission:  When a court orders a rescission, the contract, partnership, or arrangement in dispute is voided. Both parties are excused from performing under the terms of the agreement, and often the money that had been paid under the contract is returned.
Our Louisiana business litigation attorneys can help you determine what remedy is best for you to compensate for the losses you incurred.

Call 225-224-2222  to schedule a free legal consultation.

The benefits of hiring a lawyer to resolve your business disputes

There are certain circumstances in which it may be necessary to have an attorney.

As experienced Louisiana commercial litigation attorneys, we understand the legal framework of the agreement or contract you are involved in and can advise you on whether the settlement is in your best interest.

We can also identify and interpret intricate details that most would not notice and inform you of any misrepresentations that may be contained in a legally binding agreement. For example, there may be hidden clauses in a business or real estate contract that are designed to mislead investors.

Businesses rely on agreements and contracts with partners and suppliers, as well as strong relationships with customers and employees. If these relationships are compromised by miscommunication, wrongdoing, or negligence, you will need an attorney who understands how to use the legal system to work in your favor and protect your interests.

Contact our experienced Louisiana commercial litigation attorneys

As accomplished Louisiana business litigation attorneys, we always place our clients’ needs at the forefront of every decision and negotiation. We dedicate ourselves to our clients’ interests by taking an ethical and professional approach to obtain the best possible results.

Our prior experience has pitted us against tobacco giants and oil conglomerates, and has provided us with the skills necessary to negotiate at the highest levels of corporate law. If you believe you have suffered a serious loss due to a business deal made in bad faith or breach of contract, our Louisiana business litigation attorneys can help.

Our main office is in Baton Rouge, near the 19th Judicial District Courthouse and the Downtown Business Association. We also have offices in Lake Charles, Louisiana and New Iberia, Louisiana. Please feel free to contact us for a free, no-obligation consultation to determine if you are eligible for legal options.

Complete our free case evaluation form for a consultation with a Louisiana commercial litigation attorney.