Business Litigation FAQs

Frequently Asked Questions About Business Litigation


Q: What is business litigation?

A: Laws pertaining to business provide guidelines on how companies, partnerships, organizations, and corporations should be run. They dictate what is and what isn’t permitted. Business litigation focuses on legal matters of business and gives disputing parties within and without business groups a process through which they can resolve issues of conflict by invoking business regulations and laws that deal with contracts, non-compete agreements, and trademarks.

Q: Is litigation the best way to resolve my business dispute?

A: Chances are you would not consider litigation unless you and the opposing party could not resolve your dispute through arbitration or mediation. This is normal and perfectly understandable since business affairs are usually contentious and involve high stakes for all parties.

Your case may be settled out of court before a trial is necessitated. Be sure that the settlement offer is fair to you. The legal counsel on the opposing side may see that you have a clear advantage and distract you with an inadequate settlement offer in hope that you take it when you would’ve attained a better outcome if you proceeded with the trial.

Q: How long does the business litigation process usually take?

A: Like with any other legal matter, how long your case takes before it is resolved will depend on the complexity of its circumstances. If the dispute you have with the other party is extremely involved and requires extensive negotiations, your case will most likely take months or even years. Also, the more parties there are involved in the matter, the longer the case may be. Consult with a knowledgeable attorney to receive an estimate of your case’s length.

Q: What is a breach of contract?

A: Business disputes commonly revolve around a breach of contract. Some form of a legally binding agreement or contract is drawn up every time a new hire is made, a partnership is formed, or an exchange of services and/or goods is rendered. Any violation of the terms of an agreement constitutes a breach of contract.

Q: What is a non-compete agreement?

A: Before being hired, an employee may be asked to sign a non-compete agreement which states that they are prohibited from going to work for the employer’s competitor. This serves to prevent unfair competition practices, such as leaking trade secrets, from occurring. Any employee who signs a non-compete agreement and subsequently violates it can be held liable for a breach of contract.

Q: Why do I need an attorney to represent me in my business litigation case?

A: You may be certain that you have been wronged but feel as if you have no recourse because you lack the legal knowledge needed to pursue successful litigation. That is why you need an attorney, but not just any attorney. Business disputes are complex affairs that require a deep and nuanced knowledge of business law. You need to find an attorney who specializes in business litigation, isn’t a jack-of-all-trades type, and has had ample experience dealing with cases similar to yours.

Q: Why should I choose McFarlin LLP?

A: Timothy McFarlin and his legal associates are all accomplished attorneys with high merits in their respective fields. They are well regarded not only by clients, but also by their peers. But you don’t have to take our word for it. Please check out our Case Results and our Client Testimonials web pages to see for the quality work we bring to clients on a consistent basis.

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Timothy McFarlin

Founder | See Full Bio

• Rated 10/10


• Former speaker at Orange Count Bar Association events, Real Estate division


• Quoted by national publications


• Rated A+ by Better Business Bureau (BBB)


• Selected to Southern California Super Lawyers Rising Stars
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