Business and Real Estate Law
Protecting your business or interests in the face of a business law dispute can be a challenging task, and the retention of an assertive and experienced attorney may be vital. San Francisco Bay Area business law attorney Michael S. Biggs centrally located in Contra Costa County has over 13 years of experience representing clients throughout the San Francisco bay area. He provides an extra edge to his clients by thinking outside the box in the complex and sometimes esoteric matters that he regularly handles. Biggs Law Office A.P.C. maintains offices in Walnut Creek, representing clients in the California Superior Courts located in Sonoma, San Francisco, Contra Costa, Napa and Alameda Counties. Lawsuits are adversarial, and Mr. Biggs is ready to provide the combination of high-quality investigatory skill, strategic focus, tactical judgment, and precise understanding of the law that you may need in a variety of situations such as these:
- Breach of contract. A major breach excuses the non–breaching party from performance and allows for recovery of damages
- Tortious interference. If another business has interfered with your contractual relationship or business relationships, you may have a tortious interference claim for damages
- Fraud or misrepresentation in connection with the purchase or sale of a business or real estate
- Unfair and deceptive trade practices
- Business partnership litigation
- Fiduciary duty
- Forensic accounting business partners
- Bad faith and unfair dealing
- Insurance policy coverage
- Real estate sales
- Business sales
- Injunctions to stop unlawful competition or stop unlawful acts causing harm to a business
Mr. Biggs also is available to represent clients who are seeking a professional license defense attorney, or representation for personal injury, or trust estate litigation.Protect Your Interests
One of the most common types of legal disputes that a client may encounter involves breach of contract or contract interpretation. Most entities engage in contracts with other businesses or individuals. When the terms of the contract are less than clear, or when one party fails to perform its duties under a contract, the aggrieved party can bring a claim to enforce the agreement and recover any damages associated with the other party’s breach. There are also many situations in which circumstances change after a contract is made, giving one of the parties a sound legal basis for canceling or voiding the contract. Contract disputes may involve a broad range of matters, including purchase and sale agreements, employment contracts, insurance contracts, partnership agreements, and licensing agreements.
Clients may also face conflicts regarding real estate deals and transactions. If you lease the land on which your business operates, ensuring that you will be able to continue enjoying the space is critical to your business’ viability. Lease agreements can be complicated, involving multi-year conditions and terms governing whether or not the business has the right to re-lease the business at the expiration of the original lease term. Many businesses find themselves in trouble after failing to thoroughly read and understand the terms of a lease agreement. An experienced business litigation lawyer can help you navigate a tricky leasing dispute.
Another common dispute that may arise related to partnerships involve an alleged breach of fiduciary duty. This is a set of obligations that require acting in good faith, fairness, honesty, and loyalty, among other things. For example, partners in a partnership must further the common benefit of all partners in actions that they take related to the partnership. They may not engage in self-dealing that benefits their personal interests at the expense of the partnership, and they must refrain from becoming involved in conflicts of interest. Partners may not make secret profits but instead must inform the other partners and get their consent when a transaction involving the partnership would give them a personal benefit. Candid disclosures are also important when a partnership is being sold. If a certain partner would obtain a greater benefit than the other partners, that partner must inform the others of that benefit.
To some extent, a partnership agreement may determine the scope of each partner’s duties to the others, but a partnership agreement cannot completely eliminate fiduciary duties. When a partner brings a claim against another partner based on a breach of fiduciary duty related to alleged self-dealing or a conflict of interest, the partner who is alleged to have engaged in the improper conduct may be held responsible. If the plaintiff’s claim succeeds, the partner who acted improperly may be held liable for any losses that the other partners incurred as a result.
There are many other instances in which business litigation may become necessary. These include contract disputes, real estate deals and transactions, consumer fraud and product liability actions, franchise litigation, and insurance coverage disputes, among other examples.Retain an Assertive Business Law Attorney in the San Francisco Bay Area
If you have a business law issue, San Francisco Bay Area business lawyer Michael S. Biggs can help. He is a confident advocate in the courtroom, and he takes pride in maintaining strong lines of communication with clients, colleagues, and the courts. Mr. Biggs represents clients in the U.S. District Court and California Superior Courts located in Sonoma, San Francisco, Contra Costa, Napa and Alameda Counties. Call us 925.933.1300 or contact us online to set up a consultation. Mr. Biggs also can represent clients who need a professional license defense attorney, or representation for personal injury, government law, or trust estate litigation.