Protecting You and Your Company
At Williams Commercial Law Group, we handle all aspects of contract disputes. Our technological and innovative approach to contract problems allows us to successfully take on opponents and law firms of any size, save costs, and get the best results. We have the resources, technology, and knowledge necessary to help small, medium and large concerns using our cutting-edge approach to legal representation. We are the best choice for both individuals and businesses.
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Business Divorce – Breaking Up With Your Business Partner
Starting and operating your own successful, privately-held business is the American dream. All too often, however, things can go terribly wrong. Maybe your partner is trying to push you out and take ownership of the company. Perhaps, a former employee has started their own company and is trying to take your customers and trade secrets with them. Maybe a competitor is using unfair tactics to jeopardize your business operations. Or perhaps running a business isn’t turning out to be everything you imagined and you simply want out. Like the breakdown of a marriage, the breakdown of business, especially when it involves the business founders or their family members, can be contentious, emotional, and messy. Whatever the case may be, it is our job to protect your rights during the divorce.
Profit-Sharing, Deadlock, and Ownership Disputes
A variety of scenarios can lead to a business divorce. A principal may be taking more than their share, or acting beyond the powers that they have. A minority shareholder may be shut out of business operations and receive insufficient distributions while managers continue to collect large salaries. Board members may disagree on the direction of the company’s operations to such a degree that the board becomes deadlocked and unable to make the decisions necessary to keep the business operating. Partners in a joint venture may become at odds with one another and agree to disband their business but are unable to agree on who has ownership of different business assets.
Trade Secrets and Intellectual Property Litigation
A company’s trade secrets or other intellectual property is often the lifeblood of its business. Whether it is a customer list, a proprietary formula, software code, or a confidential process or procedure, losing lifeblood to another can destroy your advantage in the marketplace. We have litigated trade-secret matters for both plaintiffs and defendants.
Emergency or Injunctive Relief
Litigation can be immediately necessary due to the potential harm to you and your business. For example, suppose that an employee or business partner has taken your trade secrets to set up a competing shop elsewhere. Or your company’s controller has embezzled money that, for all you know, is being spent and will soon disappear. These circumstances are exigent and unlikely to be resolved without immediate court intervention. The answer is maintaining the status quo through a temporary restraining order or preliminary injunction until the matter can be negotiated or tried on the merits. That may include freezing a bank account, getting money returned, or preventing a trade secrets thief from using what was stolen.
Employment Agreements and Non-Compete/Non-Solicitation Covenants
A similar situation exists when a current or former employee violates an employment agreement or noncompete covenant to the detriment of your business operations. Perhaps, a former employee has set up shop as a competing business and is contacting your biggest customers or is trying to take your best employees with them, in violation of an employment contract. Again, you may need immediate court intervention to stop the harmful actions to your business, at least, a temporary basis until the case is resolved.
We have also represented clients who have been falsely accused of stealing customers or employees or other breaches of an employment agreement. And just because a contract says so, does not always make it so. Certain agreements are void as contrary to the law or public policy.
Commercial Litigation and Alternative Dispute Resolution
Business and commercial litigation can be and usually is lengthy and costly. Arbitration and mediation are potential alternatives. An arbitration involves one or more neutral third parties who make a binding, non-appealable decision about the dispute. Arbitration clauses are common in business contracts. Arbitration is usually faster, more economical, and private. This swift resolution, however, can result in a hasty and wrong decision. Mediation is non-binding. It involves a third-party mediator to help the parties reach a mutually acceptable resolution of their conflict. Mediation, like arbitration, is generally quicker and more cost-effective, and can sometimes result in a more flexible and creative resolution to a dispute. However, mediation is unlikely to be successful without a strong and experienced mediator; it only works with parties who are open to reaching a resolution and willing to compromise.
Tortious Interference with Contracts, Defamation, and Unfair Competition
Business torts include tortious interference with a contract, business expectancy, and defamation. Business torts are civil as opposed to criminal wrongs that adversely affect your business in some manner. A competitor, for example, may be lying to your customers about your company in an effort to steal business. These unlawful action scan cause long-term harm to your company and destroy your company's bottom line. Hence, we aggressively pursue and defend allegations of false and misleading statements and representations about businesses, whether they are published orally, in print, or on the internet. The extensive background and years of experience in contract disputes that we have at Williams Commercial Law Group makes us the best choice for your business needs.
We also handle antitrust and unfair competition litigation in both state and federal courts. Antitrust laws and similar laws were enacted to stem unfair trade competition. The government has the authority to carry out investigations of individuals and companies that involve the manipulation of competition for unfair gain. The Federal Trade Commission can sue you. You can, also, be sued by your competitors or individuals for antitrust violations or unfair competition, which typically involve trade practices that create an unfair competitive advantage. Likewise, you can sue if you have been damaged. We are here to protect you and your company from unfair competition and to defend you against those claims by your competitors or the government.
For example:
Autonumerics v. Bayer Industries
We represented Autonumerics in a breach of contract action against Bayer Industries regarding the computer numerical controls for milling machines built by Bayer. It involved an instalment sale contract that was a first-impression case in Arizona under the installment sale provisions of the Uniform Commercial Code.
A first control was manufactured and delivered, but Bayer refused to accept a control that had been manufactured and it did not seek more deliveries. The contract did not have delivery dates and there was a conflict between the written terms of the contract. The order was for a total of twenty-six controls. Daryl Williams obtained a jury verdict in favor of Autonumerics for all twenty-six controls based on future lost profits.
Jury verdict in favor of Autonumerics.
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“He plays ‘bad cop’ so well. He enters the room like he’s in charge and making all the calls...”
“What impressed me about Daryl Williams is about 50 things, but here’s a couple. He was honest and clear in communicating his expectations and goals of the case. He plays ‘bad cop’ so well. He enters the room like he’s in charge and making all the calls. It works. Although he would have happily allowed me to continue the law suit, he empowered me to make the best decision FOR ME.
This was a great experience. I would work with Daryl Williams over and over again. He truly wanted the best outcome for me and my family. I believe I was in the best and most capable legal hands, and that comfort I had was priceless.”
Alison Gentry
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