In Oregon and anywhere else the concern of a small business when it becomes embroiled in a court case with another company goes beyond just the dollars and cents pertaining to the disputed claim. The small business owner must also worry that the company does not get off of its focus and its mission by the distraction of an emotional adversary battle. That kind of obsession can build up in business litigation when the case involves multiple depositions of key executives and extensive e-discovery that is technical enough to get anyone out of focus.
Shareholder disputes are a mainstay of corporate conflicts that can lead to litigation in Oregon and elsewhere. The board of directors of a corporation has a fiduciary duty to be transparent with the shareholders and to generally keep them accurately informed about the important transactions of the corporation. When one or more shareholders believe that the corporation has not kept them informed or has provided them with inaccurate information, they may bring business litigation to have the courts correct the breaches that have allegedly occurred and/or compensate for them.
High tech companies located in Oregon and other states appear to be occupied with a constant flow of patent and intellectual property litigation. One case that has lingered for years is a business litigation matter in which networking giant Cisco sued newcomer and hated competitor Arista Networks for allegedly stealing Cisco's vital intellectual property assets. Cisco alleges that Arista, which has been quite profitable and successful, made its mark on the back of Cisco's proprietary technology.
Litigation between businesses is a daily undertaking for many Oregon business law attorneys. Disputes involving shareholders, former officers and directors of a company are also common. They sometimes turn into business litigation when the disputes cannot be resolved by negotiations.
Claims of breach of contract between parties to construction agreements are a common source of litigation in the Oregon state and federal courts. One of the most basic business litigation claims is that a company hired to do construction work did not perform acceptably under the terms of the agreement, thereby committing a breach of the contract. For example, in another state an individual in the body shop and collision repair business contracted with a local contractor to construct an auto body shop.
Oregon, like all other states, resolves a large volume of breach of contract actions in its court system each year. These disputes cover many different circumstances that arise between business entities or agencies, or between individuals and such entities. One common type of business litigation dispute concerns the alleged breach of contract between parties to a construction contract.
Disputes between partners or owners of a small business arise often in Oregon and elsewhere. Business litigation of this nature involves attempting to resolve the various claims that the longtime associates have against each other at a time when the relationship is winding down or already defunct. For example, two of the four founding members of Irgens Partners, LLC., sued the company that they had departed several years ago.
Litigation over software and digital programs is voluminous in Oregon and nationwide. There is nothing more frustrating than to get a new program for a business network and find that it just doesn't work like it was supposed to work. If this is the main system that runs the whole dispatch for emergency fire department calls, the damage can be catastrophic, and time will be of the essence in resolving the conflict. The primary legal theory in business litigation of this kind is usually breach of contract.
Litigation among businesses in Oregon and elsewhere ranges over a wide gamut of imaginable issues. Businesses, just like people, will continue to create and find conflicts that need to be resolved by the court system. One general area of business litigation involves disputes over stock purchases and attempted takeovers of publicly-traded businesses by investors.
Legal disputes in Oregon and elsewhere do not always involve exclusively private business interests. There are often public agencies and municipal authorities that are involved in business litigation controversies. Public entities execute many contracts with private companies for services and products, opening the door for conflicts and disputes that sometimes make their way into the state and federal court system for resolution.