Houston Business Litigation Attorney
Unfortunately, in the course of business, disputes inevitably arise. Most often, however, these situations are resolved without involving an attorney. But when business disputes escalate to the point of litigation, the lawyers at Adair Myers Stevenson Yagi have the experience needed to resolve virtually any dispute using a variety of methods, up to and including litigation. We stand apart from other Houston business law firms by boasting over 40 years of experience, including successfully resolving complex business litigation on a regular basis. We work closely with our clients to learn about their companies to better protect them and build long lasting relationships that allow our clients’ businesses to prosper.
We also understand that business litigation costs must be managed, and our law firm prides itself on offering small and medium sized companies high caliber services that are cost effective. This means, however, not rushing into the courtroom unless necessary, but instead first exploring options that may prove less costly than litigation, such as negotiation, mediation, or arbitration.
Business Litigation vs Arbitration
Not every case has to be decided in a Texas state or federal courtroom, because there are other powerful legal options available to you. In many instances, individuals and businesses commit to alternative dispute resolution (ADR) as a way to resolve their disputes without involving the court system. ADR can serve as a quicker, more cost-effective, confidential, and specialized alternative to litigation.
Arbitration – one of the many forms of alternative dispute resolution – is the process by which the parties agree to refer their dispute to one or more independent third parties called arbitrators. In binding arbitration, the single arbitrator or arbitration panel’s decision will be as binding on the parties as a judge or jury verdict.
Often, arbitration can be more flexible and less formal than court proceedings. While litigation will be presided over by a judge, an arbitrator or arbitrators run arbitrations. The arbitrator or panel will hear arguments and receive evidence from all parties and ultimately issue a decision. Unlike litigation, the decision reached as a result of binding arbitration is final, which prevents parties from appealing the decision, saving time and money.
Challenges to Arbitration Provisions
A common trend in the legal field today is to avoid litigation and seek alternative means of resolving disputes. Parties to contracts will often include arbitration provisions which state that if there is a dispute arising out of the contract the parties agree to submit the dispute to an arbitrator instead of filing a civil lawsuit. There are many reasons and strategy considerations when it comes to selecting arbitration over litigation. Generally speaking, arbitration favors businesses. The lawyers at Adair Myers Stevenson Yagi have experience fending off challenges to arbitration provisions in business contracts as well as fighting against their implementation when it would be unjust and unfair. We have represented businesses and individuals on both sides of the issue. If you find yourself in a dispute that requires mandatory arbitration, we can help.
Enforcement of Arbitration Awards
Normally, after the arbitrator or panel renders an arbitration award, the party subject to the award will voluntarily comply with it and pay the amount assessed against them, if the award is financial. However, sometimes the losing party is not as cooperative as is legally required and a legal enforcement of the arbitration award in court becomes necessary.
Whether you need an arbitration award enforced in state or federal court, and whether it is a domestic or international award, the law office of Adair Myers Stevenson Yagi can provide you with the experienced advice necessary to collect the award or otherwise give the award full legal force and effect.
Commercial Litigation Attorney
Unlike many other business law firms, we are unafraid yet strategic in using litigation for our clients even when up against corporate giants. We have successfully defended clients against major unfair trade practices lawsuits and successfully prosecuted collection matters for others. We have also represented clients in complex patent infringement cases against large corporate entities.
Our commercial lawyers are excellent litigators that are prepared to go to court when necessary. So, whether you are facing a contract dispute with a supplier that refuses to work with you, a competitor’s unfair trade practices, or another costly legal issue, we are prepared to make the strategic moves necessary to protect your financial interests.
Our business litigation experience spans nearly every industry in Houston, and we have successfully represented clients in the following types of matters:
Contracts form the backbone of a business. In order to be successful, you must rely on other individuals and companies to adhere to their agreements. When they fail to do so, suppliers, customers, employees, and executives may all suffer from an interruption to the smooth flow of business. A breach of contract can be devastating for any type of business.
While most parties entering into a contract do so with good intentions, sometimes individuals or companies commit fraud or misrepresentation to encourage one party or multiple parties to enter into a transaction. The laws regarding fraud and misrepresentation are often complex, and require certain criteria to be met in order for the injured party or parties to obtain compensation.
People like trustees, business partners, and officers and directors of companies are charged with acting in the best interests of the companies they represent. When these individuals, called fiduciaries, fail to act in a company’s best interest, they can be held responsible for the damage their actions cause through a breach of fiduciary duty claim.
Commercial Collections
Whether you are a finance company or your company extends lines of credit to facilitate business transactions, you will eventually experience a debtor defaulting on their financial obligations. Naturally, there are legal remedies to go after delinquent debtors and our firm can help with all aspects of commercial collections. Our lawyers use their extensive collections experience to find the best available solution to help you recover your investment regardless of how complex the solution.
Collecting On Mechanic’s and Materialmen’s Liens
The laws regarding mechanic’s and materialmen’s liens are incredibly complicated and have strict deadlines. If a contractor or subcontractor doesn’t get his mechanic’s and/or materialmen’s lien filed quickly and accurately, he or she can forever lose the right to collect from the property owners or original contractor. Even if a lien is filed before the deadline, negotiations could fall through requiring a lawsuit to collect on debts.
Business Litigation Attorneys
Business litigation is something most business owners do not want to engage in, but it is simply a reality of doing business. Commercial disputes are virtually inevitable, but our business litigation attorneys can be an invaluable resource for your business. The trial lawyers at Adair Myers Stevenson Yagi have decades of experience helping clients secure beneficial resolutions. You can trust that our law firm places its relationship with our clients as its highest priority. We have many clients who we’ve achieved positive results for in extremely complex and sensitive matters. We invite you to contact us to discuss your legal concerns.