Fargo, ND Business Litigation Lawyer
Business disputes can involve a broad range of issues, and they can have a broad range of consequences. Our attorneys help businesses in Fargo, North Dakota protect their interests and avoid unnecessary costs and delays in all types of litigation.
All types of businesses face legal risks. Whether you are running a technology startup or you are the CEO of a publicly-traded traded oil and gas company in North Dakota, you almost certainly encounter multiple issues with legal implications on a near-daily basis.
While some of these issues will never fully materialize, others will lead to disputes. This includes internal disputes between partners and shareholders as well as third-party disputes involving employees, contract counterparties, and competitors. When faced with a business dispute, making informed and strategic decisions is critical to avoiding unnecessary costs and mitigating any potential liability. The right approach can turn a dispute into an opportunity, while the wrong approach can leave companies on the brink of insolvency.
A National Business Litigation Law Firm Serving Clients in Fargo, North Dakota
At Oberheiden P.C., we help companies in Fargo and throughout North Dakota protect their interests in business litigation. Our litigators have extensive experience representing companies in all types of disputes, and we have substantial records of success in settlement negotiations and in civil court.
In addition to our highly-experienced litigators, our business litigation team also includes investigators and former senior officials with multiple federal agencies. These individuals offer unparalleled insights into the risks and opportunities presented by complex business disputes; and, by keeping our team entirely in-house, we are able to more-efficiently and more-effectively build and execute litigation strategies focused on protecting our clients.
These are the Most-Common Types of Business Disputes We Handle
Despite the breadth of issues that can lead to business litigation, most disputes involve one of a handful of core issues. Our firm regularly represents businesses, business owners, and other clients in litigation involving:
1. Partnership Disputes
Disputes between partners and limited liability company (LLC) members can not only be disruptive, but in some cases they can threaten the enterprise’s viability as a going concern. These disputes must often be resolved quickly, as fundamental disagreements over the company’s direction or financial management can quickly infiltrate all aspects of its operations—leading to direct negative consequences for clients, customers, and employees.
When faced with a partnership dispute, one of the first orders of business is typically to review the partnership agreement. Does it provide a resolution? If not, does it specify a venue for seeking a resolution? Does it provide remedies that one or more partners can invoke in order to protect their personal investments and/or the partnership as a whole? These are fundamental questions that must be answered prior to initiating attempts at informal dispute resolution.
In many cases, it will be in everyone’s best interests to resolve a partnership dispute informally. This keeps costs down, and it keeps the dispute out of the public eye. In appropriate cases, we work with our clients to find leverage and common ground, and then we work diligently to achieve an amicable result without resulting to formal litigation. However, as a business litigation law firm, we will not hesitate to pursue appropriate claims in North Dakota state court or federal district court when necessary.
2. Shareholder Disputes
Shareholder disputes present similar considerations and concerns. However, due to the nature of the corporate structure, these disputes often present additional complexities as well. We represent clients in disputes between individual shareholders as well as shareholder derivative litigation targeting alleged wrongs by corporate executives or board members. Our experience includes securing favorable outcomes in shareholder disputes involving the owners of public and private companies, and we have achieved positive results in informal negotiations, in alternative dispute resolution (ADR) proceedings, and at all stages of state and federal trial litigation.
3. Employment Disputes
In disputes with employees, achieving a favorable result requires careful consideration of several different legal and practical considerations. First and foremost, it is necessary to determine what claim(s) the employee(s) may have against the company. Employees have various rights under North Dakota and federal law; and, when facing employee lawsuits, it is imperative that companies avoid rushing to judgment despite what they think they might or might not know about the facts at hand.
Our attorneys represent Fargo, ND employers in all types of disputes, from discrimination and wrongful termination claims to allegations of hiring undocumented workers. We handle litigation in state and federal court as well as administrative proceedings before the Equal Opportunity Employment Commission (EEOC) and the North Dakota Department of Labor and Human Rights (DLHR).
4. Customer Disputes
Disputes with customers and clients can present unique challenges as well. Your company needs to protect is financial interests, but does this mean suing to recover damages, or does it mean looking for a way to amicably resolve the dispute that keeps the relationship in tact? Oftentimes, this question does not have a clear answer, and making the right decision requires a long-term perspective developed with the assistance of legal counsel.
At Oberheiden P.C., we represent companies in all types of customer litigation, including disputes initiated by our clients and disputes initiated by their customers. We help our clients make strategic decisions; and, when necessary, we take appropriate legal action to protect them. What it means to “favorably” resolve a customer dispute can mean different things in different circumstances, and we ensure that our clients have the information and insights they need in order to make informed decisions at every turn.
5. Breach of Contract
Breach of contract claims can involve a variety of different specific issues, and oftentimes both parties will have grounds for alleging performance deficiencies. Disputes over the applicability of certain contract provisions, of the parties’ intent, and with regard to contractual rights and remedies can lead to disputes under a broad range of scenarios. Whether the parties’ agreement mandates the use of ADR or the parties are able to immediately go to court, developing a contract litigation strategy requires an informed approach guided by a clear understanding of the legal and business implications involved.
While these are five of the most-common types of business disputes, there are still innumerable other issues that can lead to litigation between contracting parties, competitors, and other businesses. Other examples of common causes of action in business litigation include:
- Antitrust and franchise disputes
- Breach of confidentiality
- Breach of noncompetition and non-solicitation covenants
- Breach of payment or performance obligations
- Breach of warranties, representations, and indemnity obligations
- Misappropriation of trade secrets
- Intellectual property infringement
- Fraud (including bank, consumer, and securities fraud)
- Tortious interference with business relationships and business opportunities
- Disputes arising out of business mergers and acquisitions
However, even this list is not exhaustive. If you or your company is facing any type of business-related dispute, we encourage you to get in touch. Our lawyers and consultants can help you understand your options, and we can help you implement an effective strategy to move forward.
Why Should You Choose Oberheiden P.C. for Business Litigation in Fargo, North Dakota?
When facing business litigation, your company’s (or your personal) finances and reputation are on the line. So, why should you choose the business litigation team at Oberheiden P.C.?
- We Offer Unique Experience and an Integrated In-House Team – Unlike other firms, we only hire senior attorneys. We do not have any junior attorneys, paralegals, or secretaries. Additionally, with former senior agents from the DOJ, FBI, IRS, and other federal agencies on staff, we are able to handle all aspects of our clients’ business disputes in-house.
- We Make Ourselves Available to Our Clients 24/7 – As a client of Oberheiden P.C., you will have access to our senior attorneys and consultants 24/7.
- We Routinely Handle Matters in Federal District Court – Due to the amount in controversy and other factors, virtually all business disputes are eligible to be tried in federal district court. Even if your case does not end up going to trial, it is still extremely important to have litigation counsel who are experienced in handling complex disputes at the federal level.
- We Have a Nationwide Presence – In today’s world, business disputes are rarely centered in one individual jurisdiction. With our firm’s nationwide presence, we are able to represent Fargo companies and residents in litigation throughout North Dakota and in other state and federal jurisdictions across the country.
- We Have Experience in a Broad Range of Industries – Our practice is not specific to certain industries. With centuries of combined experience, our attorneys have represented clients in all major market sectors, from healthcare to energy, and from agriculture to high technology.
Discuss Your Case with a Member of Our Business Litigation Team
For more information about our firm’s business litigation practice or to discuss your specific needs or concerns in confidence, please contact us to arrange a complimentary initial case assessment. To speak with one of our senior attorneys about your business dispute in North Dakota, call 888-680-1745 or get in touch with us online now.
Licensed to practice in the U.S. District Court of North Dakota. Firm does not handle state cases in North Dakota.