In today's Freedom Friday blog and email newsletter, I want to talk about the question that I get asked by so many clients, and this is also a question that I know many prospective clients are asking, but they don't actually ask me, and that's “Why is business litigation necessary?” Why do I need to litigate this issue? Why do I need to sue? Is there a way to get my need met without suing or going through the courts? That's what we're talking about in today's Freedom Friday blog and email newsletter, “Why is business litigation necessary?”
There are two main reasons why business litigation is necessary to protect your small business. The first reason why it's necessary is to protect your turf. If your company has developed a valuable brand, invested in a new idea, and/or generated visible original content, then you need to be watchful so that you can act quickly when a bad actor attempts to unlawfully take your market share through knockoff goods, software piracy, customer theft list, cybersquatting, and a host of other problems. In Oklahoma, it is not uncommon for former employees to steal trade secrets or create other issues where you need to sue that former employee or troublemaker in order to protect your small business. In these cases, you might not just need litigation to get an award of damages, but you may need injunctive relief to prevent damage to your intellectual property. In order to get that injunctive relief, you usually need to act quickly.
The other, and maybe more common reason that business litigation is necessary is to make sure you get paid. Not only can you sue for traditional breach of contract, but you can sue on open account (for unpaid invoices), or for indebtedness, too. Oklahoma law also allows for mechanics and materialmen liens in construction projects, so there are possibilities for lien foreclosures in addition to just money damages. Here at Liberty Legal Solutions, LLC, we represent many clients who need to sue to get paid, and we have been successful in obtaining judgments and collecting upon them, as well.
Lastly, if you wish to avoid unnecessary litigation, make sure you have clear business documents. This means that your business contracts are clear, and that your customers can understand the terms for your invoices, non-disclosures, warranties, and that your employees understand your employee handbook. If you have a contract and wish to avoid an unnecessary lawsuit, make sure it is carefully crafted, and use an attorney, if necessary. An ounce of prevention is worth a pound of cure.
Thinking about starting a small business? Or maybe your small business is having issues with contracts, leases, business partners, collection issues, or experiencing other barriers to growth? Please contact me at [email protected] to schedule a FREE strategy session.
For more information about Liberty Legal Solutions, LLC, please visit our website at http://www.libertylegalok.com/