Resolving Business Disputes Takes Knowledge, Experience And Imagination
Last updated on September 11, 2024
With years of experience handling commercial litigation for clients across New York and nationwide, Kaufmann Gildin & Robbins has built a strong reputation for our ability to resolve even the most complex issues. With clients of all sizes, we have demonstrated time and again that we know how to implement effective solutions for clients.
You deserve individual attention, and we take the time necessary to fully understand our client’s needs. For both plaintiffs and defendants, we have the ability to anticipate potential problems and consistently provide the best options to resolve the problems.
Big Firm Prowess. Small Firm Responsiveness.
At Kaufmann Gildin & Robbins, we have helped clients address commercial and contract disputes, including:
- Commercial real estate and leasing
- Buy/sell agreements
- Shareholder, partnership and LLC agreements
- Breach of contract claims
- Service contracts, supply and distribution agreements
- Franchise agreements
- Licensing agreements
- Employment agreements
We remain actively involved during every step of the process and seek to understand not only the facts regarding our clients’ disputes, but also the business context and how to best resolve our client’s legal issues.
Understanding Breach Of Contract Remedies
A breach of contract occurs when one party fails to meet their obligations under an agreement. If the non-breaching party suffers harm, they may have grounds for pursuing legal action. Whether you are facing a breach or accusations of a breach, such a legal dispute can have significant impacts on your business objectives. It can be important to understand what remedies could be granted in response to breaches.
Monetary relief is a common remedy in these cases. Sometimes, the contract itself outlines when, and how much in, damages are to be paid when a breach occurs. These are known as liquidated damages. Another typical form of monetary relief for breaches of contract are compensatory damages. These aim to put the non-breaching party in same the position they would have been in if there had not been a breach. In most contract dispute cases, damages aimed at punishing the breaching party (punitive damages) are not available.
Non-monetary remedies for breach of contract include:
- Specific performance: This requires the breaching party to fulfill their contractual obligations (it is generally not available for breaches of service agreements)
- Rescission: This cancels the contract, releasing both parties from their commitments
Our firm is dedicated to providing efficient solutions to clients in breach of contract cases. We help business owners and professionals understand what options are on the table for pursuing or defending against claims for the remedies discussed above. Our nationally recognized attorneys are well-versed in complex commercial disputes. They ready to protect your rights and interests.
The Importance Of Strong License Agreements
License agreements grant one party permission to use another party’s intellectual. They can cover all kinds of intellectual property, including trademarks, patents and copyrights. These contracts can play a vital role in your business’ operations and success.
A well-drafted agreement can be key in protect your rights and preventing future disputes. When seeking to build a strong licensing contract, it can be important to include clear and detailed terms on:
- What exactly is being licensed
- Scope of use
- Limitations on use
- Payment
- Confidentiality
- Indemnification
- Dispute resolution
- Duration
- Renewal options
- Termination
Such elements can help create a robust framework for a mutually beneficial licensing arrangement.
Responding To License Agreement Disputes
Sometimes, even after taking strong precautions, legal conflicts occur over license agreement provisions. These commercial disputes can be challenging. Having trusted guidance can be critical. Our team has extensive experience helping clients navigate such matters. We work closely with you to understand your situation and develop strategies aimed at resolving contract disputes efficiently. We take a sophisticated and practical approach focused on protecting your objectives.
Seeking Effective Resolutions To Conflicts Over Employment Agreements
Employment agreements are critical in setting the tone and direction of employer-employee relationships. Disputes over these agreements can have massive implications for a business. They could affect:
- Morale
- Productivity
- Finances
- The overall workplace environment.
So, whatever specifics they involve, these disputes require careful handling.
Litigation alternatives can offer significant benefits when it comes to resolving such conflicts. They can be less adversarial, faster and more cost-effective than a courtroom battle. They also allow for more flexible solutions. They can provide key opportunities for protecting your company’s interests while also seeking to preserve important relationships with valued employees.
Common methods of alternative dispute resolution include:
- Mediation: This involves having a neutral mediator facilitate discussions between the disputing parties, with the goal of fostering a mutually agreeable solution
- Arbitration: This typically involves having a neutral arbitrator hear both sides and make a binding decision
While we are always ready to vigorously protect our client’s interests at trial if necessary, we understand the high value these types of alternatives can have when it comes to sensitive employment contract disputes. Our knowledgeable commercial dispute lawyers are ready to explore all routes for pursuing the effective, efficient solutions your business needs.