Law Firm of Cochran & Edwards

What Business Law Matters Does Your Firm Handle?

There are two types of business law matters our firm handles. One is transactional, where we help people who are forming, purchasing, or selling businesses, entering into contracts with other businesses of employees, borrowing money or selling things. We will draft or review contracts or other types of documents for the transaction, work on due diligence and otherwise give day to day legal advice.

The other is business, or commercial litigation, where one business sues another business, oftentimes for some form of breach of contract. Breach of contract is where someone has a contract to do something, and they fail to perform a term or provision of that contract without a legal excuse. It might be that they provided the service in an inadequate manner, did not complete the job at all or on time, did not pay in full or on time, substituted substandard or different goods and many other types of failures. Many business or commercial cases involve claims where an employee or a competitor is trying to steal business by knocking off products, or stealing customer lists or other confidential or proprietary business information. These cases often involve claims of theft of trade secrets.

There are often multiple remedies available in commercial cases, such as specific performance, where the court will order someone to perform as they agreed, such as ordering the owner of property to close on a sale, or an injunction where the court will order someone not to do something, recovery of compensatory damages, including lost profits. Depending on the type of case businesses can and do recover punitive damages or even treble damages.

Who Do You Represent In Business Law Matters?

We represent businesses, owners of businesses, and individuals who are dealing with businesses, or who may be sued by businesses in cases of trade secrets, non-competes, or breach of contract. We represent real estate developers and owners of property, landlords and tenants.

What Types Of Commercial Litigation Does Your Firm Handle?

Same as above. Commercial litigation is synonymous with business litigation. Commercial litigation usually involves some form of a breach of contract. We have handled many cases stemming from a business acquisition, or a failed business acquisition where an individual is unhappy with the acquisition, and decides to go take as accounts or customers as they can and go out on their own and form their own new business. In that situation, we often see a fact patterns where customer files, product designs and drawings and other forms of electronic files are downloaded onto to flash drives or emailed to personal accounts. These cases can have claims for injunction, lost profits and punitive damages. We also handle non-competition cases where an employee is accused of violating the restrictive covenant in their employment agreement.

Cochran & Edwards

Get Your Questions Answered - Call Now for a Free Strategy Session (770) 575-8617.

What is Franchise Litigation?

Franchise litigation is a subset of commercial litigation and involves a dispute between a franchisee and a franchisor. It can be more complicated, or specialized that other business cases because there may be different laws that apply. There is state law for breach of contract (and the applicable law may be that of another state based on the language in the franchise agreement). There may be federal laws or regulations involving disclosure requirements that a franchisor must give a franchisee prior to entering into the franchise agreement. Franchise agreements are drafted by the franchisor, usually one-sided and may limit the franchisee’s remedies. Many require the parties to arbitrate disputes rather than go before a judge and jury and will require the franchisee to go to the franchisor’s hometown. Franchise disputes often include claims for wrongful termination, of the franchise agreement, trade secrets, restrictive covenants and a host of other claims, depending upon the facts of the case.

How Has Your Experience Been In Handling Franchise Litigation Cases?

We only represent franchisees in cases against franchisors. Several years ago, we handled one of the biggest, most watched cases in the nation. It was a case that our client had against Atlanta Bread Company that went all the way to the Georgia Supreme Court. While we won that case, it was ultimately used by the Chamber of Commerce and other business interests to get the Georgia Constitution changed, which ultimately made it easier for franchisors and other businesses to enforce restrictive covenants against their employees and franchisees. We have handled several arbitrations for franchisees, typically involving wrongful termination of the franchise agreement, where we seek the value, or the lost profits of the franchisee, for the balance of the franchise agreement.

Do You Handle Banking Litigation Matters As Well?

Yes. Banking cases usually involve a claim arising out of a loan or commitment or agreement to make a loan that either the borrower or the bank breached. Banking litigation can also involve claims such as wrongful foreclosure, where the bank is alleged to have not followed proper procedure in foreclosing on a piece of property. We have handled a number of class action lawsuits representing borrowers in mortgage litigation, RESPA (which stands for Real Estate Settlement Procedures Act), Truth-in-Lending, breaches of banking agreements, etc. We are very experienced in other areas of federal law that would involve consumer protection for borrowers. We have successfully recovered millions of dollars for clients and class members who have been harmed by bad banking practices.

Additional Information On Business Law Matters In Georgia

One of our biggest advantages is that we have substantial experience representing both sides of business cases. One day we will represent the plaintiff in trade secrets case, the next, we will represent defendant in another trade secrets case. We understand the strategies for both sides. Since we represent both sides, we analyze each case not just from the perspective of what we need to do for our client, but also what we can anticipate the other side will try to do for their client. We believe that cuts down on the element of surprise in our cases.

For more information on Business Law Matters In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 575-8617 today.

Cochran & Edwards

Get Your Questions Answered - Call Now for a Free Strategy Session (770) 575-8617.