A San Diego business attorney provides assistance to your company by taking proactive steps to avoid litigation. Gehres Law Library will work closely with you to identify potential areas of conflict that could result in litigation and will help you reduce the potential that your company will become a defendant in a civil case.
How a San Diego Business Attorney Helps Avoid Contract Litigation
Many companies enter into a myriad of different contracts, from leases for the premises from which they will operate, to financing agreements, licensing deals, or contracts with suppliers to purchase materials or goods. While the Uniform Commercial Code aims to resolve problems that commonly arise in business contracts, including issues that are caused by companies using different forms for the same transaction, contracts still must involve an offer, an acceptance, and a meeting of the minds to be enforceable.
Contracts that are too vague, that do not include clauses protecting your interests, or that contain terms that are against public policy could result in your company facing a lawsuit or result in your company being forced to initiate a lawsuit. By appropriately drafting contracts with the help of an attorney, and including necessary clauses to protect your interests, your company can reduce the chances of a conflict with a customer or supplier that results in litigation.
You may wish, for example, to include arbitration clauses in customer contracts so customers will be required to resolve issues in arbitration rather than in a costlier lawsuit that could result in a larger plaintiff’s verdict. Recent Supreme Court decisions, including AT&T Mobility v. Concepcion, have provided companies with more power to use arbitration clauses to prevent costly class actions. While the Consumer Financial Protection Bureau (CFPB) has taken steps to curtail these clauses in certain industries, it is still possible for many businesses to use contracts in strategic ways to reduce litigation risks- with the help of a qualified lawyer who can provide advice on acting within the bounds of the law.
How a San Diego Business Attorney Helps Avoid Employment Litigation
Businesses may be sued by employees for wrongful termination or discrimination. Employees could also potentially make wage-and-hour claims if you do not comply with minimum wage laws, overtime laws, and other regulations associated with worker payment. If an employee gets hurt at work, the employee typically cannot sue but may file a workers’ compensation claim, which could also cost your company more money in premium costs – and the injury could also prompt an investigation by the Occupational Safety and Health Administration.
California law is very protective of workers and both state and federal law provide broad protection from discrimination including disparate impact discrimination and hostile work environment discrimination.
For example, hostile work environment claims may be successfully brought against your company based on alleged discriminatory conduct if co-workers create an unpleasant work environment based on a protected classification, unless there was a procedure in place for reporting harassment which was properly communicated to employees and the company takes prompt action in response to a complaint by an employee. If the employee did not make a report, or if your business took appropriate action in response to one, you could avoid liability by raising affirmative defenses. Disparate impact discrimination, on the other hand, occurs if a job requirement has the “effect” of disqualifying people of a protected class. Your company could defend against a claim of disparate impact discrimination if you ensure you impose qualification requirements only if they have a “bona fide” relationship to the job each candidate is being hired to perform. It is best to get legal advice on how to be proactive in avoiding a lawsuit through instituting proper workplace policies and procedures.
How a San Diego Business Attorney Helps Avoid Injury Litigation
Your company is at risk of being sued if someone gets hurt using your products or gets hurt on your premises. Avoiding litigation necessitates understanding the legal duty you owe to customers and visitors. For example, if you invite people onto your premises for commercial purposes, you must routinely inspect the property for hazards that could cause injury. You must correct problems with the property that create the injury risk and/or must provide warning to visitors of risk that cannot be reasonably mitigated.
Getting Help from A San Diego Business Attorney
In addition to assisting you in taking proactive steps to reduce the chances of being sued, our legal team can also help you to respond when a claim is made against you. We are skilled and experienced litigators who have successfully helped many companies prevail in court or to quickly and effectively resolve claims. To find out more about the assistance a San Diego business attorney at our firm can provide to you, give us a call at 858-964-2314 or contact us online today.