Business Litigation

  • Breach of contract. When a contract is breached the law provides a remedy to the non-breaching party in the form of damages and in rare cases specific performance. In the case of damages, the party who breached the contract may owe the non-breaching party what they would have received had the contract been performed (expectation damages), what they spent in preparation of the contract being performed (reliance damages), or what they would have if the contract had never been performed (restitution damages). Punitive damages are not usually awarded in the case of a breach of contract, unless that breach is accompanied by some kind of tort, such as negligence. By hiring Klose & Associates, you will be ensuring that you are seeking the appropriate damages and as a result you will have a better chance at receiving a favorable outcome.
  • When difficulties arise and resolutions cannot be found without going to court, let us share our common sense expertise and litigation experience in the following areas:
    • Insurance coverage disputes. Insurance coverage disputes range from whether a policy even exists to more complex questions of law. There are various types of coverage, along with obligations of policyholders as well as insurers that may be difficult to navigate and understand. Let us share our experience with you in order to sort out this frustrating process.
    • Shareholder disagreements. Shareholder disagreements arise for various reasons including: minority versus majority shareholder interests, breach of directors duties, disparity in voting rights, failure to disclose financial information, and the company’s strategy and management. Let us help you resolve these disagreements and help you avoid such disagreements in the future.
    • Business dissolutions. There are various procedures in order to successfully dissolve a business including: notifying state and federal taxing authorities, payment and notification to creditors, distribution of remaining assets, closing accounts, cancelling the employer ID number, final income tax returns, notify your city and county, and pay wage, taxes, and fees, and in some cases a resolution of dissolution (depending on legal form). Let us help you identify all of the necessary procedures and ensure everything is properly executed.
    • Business disputes. Due to time and cost efficiency concerns, many business disputes are handled outside of court. Let us help you determine the appropriate course of action for your particular dispute, before you expend unnecessary time and money.
    • Buy/sell complications. Buy/sell agreements and planning are executed with the intention of eliminating business succession issues. However, sometimes complications may still arise. We would like to help you resolve these unexpected complications, in order to avoid any unnecessary interruption in your business. A buy–sell agreement is a binding contract between co-owners of a business that governs how the business will handle death, disability, lockout, deadlock, or if a co-owner dies or is otherwise leaves the business.
    • Infringement . Trademark infringement exists where any person uses, without consent of the registrant, any reproduction, counterfeit, copy of a trademark in connection with the sale, distribution, or advertising of any products or services that would likely cause confusion or deception as to the source of the products or services. The plaintiff in an infringement action must show that he has superior right to the trademark.