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Our Practice Areas
Ward Business Litigation
Litigation
and Advising
Business litigation refers to legal disputes and conflicts that arise in the context of business transactions and operations. It encompasses a wide range of issues such as breach of contract claims, partnership or shareholder disputes, intellectual property matters, breach of fiduciary duty claims, and other business disputes that require resolution through litigation or other dispute resolution methods, such as arbitration or mediation.
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WHAT YOU NEED TO KNOW

Experienced Business Litigation Attorneys

Our attorneys at Denevan Falon Joyce are prominent legal professionals who specialize in litigating complex business disputes. With their extensive knowledge of South Dakota law and their commitment to exceptional legal representation, our attorneys earned reputation as a trusted and reliable attorneys in this practice area. We place a strong emphasis on client advocacy, striving to protect our clients' rights, interests, and reputations throughout the litigation process. Our business litigation attorneys are known for their meticulous attention to detail, strong negotiation skills, and their ability to provide sound legal advice based on a deep understanding of both the legal and business landscape.
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How Our Experienced
Business Litigation Attorneys Can Help

Business litigation matters are complex, and no two cases are the same. However, the key aspects of any business litigation matter can be summarized as follows:

Legal Expertise. Our attorneys are well-versed in the intricacies of South Dakota laws, regulations, and court procedures. They understand the nuances of the variety of legal issues that can arise in business disputes, including breach of contract, partnership disagreements, employment disputes, and more. Their knowledge and experience allows them to provide accurate legal advice and craft effective strategies tailored to their clients' specific business needs.

Risk and Case Assessment: Our attorneys can help you identify areas of legal risk within your business operations, such as contract disputes or compliance issues. Once those risks are identified, our attorneys can help your business develop a strategy to mitigate or contain those risks. In litigated matters, risk assessment involves a forthright conversation regarding the strengths and weaknesses of your company's legal position as well as the risks and benefits of litigation. Our attorneys conduct a thorough analysis of the facts, evidence, and applicable law to determine the likelihood of success and the potential risks involved. This evaluation helps clients make an informed decision whether to pursue litigation or explore alternative dispute resolution methods. It is crucially important to know when litigation makes sense - and when it does not.

Developing a Litigation Strategy: Our attorneys have experiencing analyzing multiple strategies, outlining alternative plans of action, including identifying potential legal claims or defenses, defining goals and objectives, and determining the best approach to achieve them. Our attorneys work closely with their clients to understand their objectives and develop a comprehensive legal strategy that meets those needs. This strategy may involve litigation, negotiation, mediation, or arbitration. Our goal is to achieve your goals as effectively and efficiently as possible.

Document Review and Management: Business litigation often involves the collection, production, and review of an incredibly large number of documents. Our attorneys have experience with managing this significant aspect of business litigation. This knowledge is also important as we advise clients to be proactive and develop proper record retention policies, ensure proper documentation of key events, and organize relevant documents and contracts to support the business's position during litigation.

Representation in Court. If a business dispute proceeds to court, our attorneys provide strong courtroom advocacy. They present arguments, cross-examine witnesses, and present evidence to support their clients' positions. Our attorneys are skilled at building persuasive cases and have the ability to articulate complex legal concepts in a compelling manner.

Budgeting and Resource Allocation: Estimating the potential costs associated with litigation, including legal fees, expert witness fees, court fees, and potential damages, and allocating resources is an important initial step in any litigation matter. This is a critical component of evaluating the risks, benefits, advantages, and disadvantages of litigation.

Alternative Dispute Resolution Consideration: Our attorneys also have experience exploring and utilizing alternative methods of dispute resolution, such as mediation or arbitration. In negotiation, our attorneys leverage their legal knowledge, negotiation skills, and understanding of the client's objectives to pursue favorable resolutions outside of court, saving time, costs, and maintaining the privacy of the parties.

Types of Business
Litigation Claims

In Ward, various types of litigation cases can arise, reflecting the diverse range of industries and legal issues within the state. Some common types of litigation cases in South Dakota include:

Contract Disputes: These cases involve disputes arising from the breach, interpretation, or enforcement of contracts, whether they are written or oral agreements.

Business and Commercial Litigation: These cases involve litigation related to a wide variety of business disputes, such as partnership disagreements, shareholder disputes, breach of fiduciary duty claims, business torts, or disputes over business assets and property.

Employment Litigation: These cases involve employment-related disputes, including wrongful termination, discrimination, harassment, wage and hour disputes, violations of employment contracts, or violations of federal and state labor laws. For more information on employment litigation, please visit our page dedicated to that practice area.

Personal Injury Claims: These cases involve litigation arising from injuries caused by negligence or intentional acts, such as car accidents, slip and fall accidents, medical malpractice, or product liability claims

Insurance Disputes: These cases involve disputes between policyholders and insurance companies, such as denials of coverage, bad faith claims handling, or disputes over policy interpretation.

Real Estate Litigation: These cases involve litigation related to real estate transactions, property disputes, landlord-tenant issues, boundary disputes, construction defects, or zoning and land use conflicts.

Intellectual Property Litigation:These cases involve litigation regarding the protection of intellectual property rights, such as trademark infringement, copyright disputes, patent litigation, or trade secret misappropriation.

Trusts and Estate Litigation: These cases involve the administration of estates, will contests, disputes over inheritance, guardianship disputes, or allegations of elder abuse. For more information on probate and estate litigation, please visit our page dedicated to that practice area.

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AN IN-DEPTH LOOK

Denevan Falon Joyce
Experience That Matters

Local Counsel: Our attorneys have been called upon to act as local counsel in various business litigation matters, including a patent infringement case brought against a local company. Through our experience, we were able to provide out-of-state counsel invaluable advice and guidance on local practices and procedures to develop an effective legal strategy and best position the case.

Partnership Disputes: Our attorneys represented a variety of legal entities as they sought to separate a partner who had engaged in serious wrongdoing and misappropriated monies in connection with his other business interests.

International Breach of Contract Dispute: Our attorneys achieved a favorable settlement for an individual and his company who were sued for millions of dollars in connection with an international construction and real estate development project.
Insurance Disputes: Our attorneys have successfully represented farmers against their insurance company to obtain payment for crop insurance claims denied by the insurer.
WHEN TO CALL
Frequently Asked Questions
Business Litigation and Advising

What is the statute of limitations for filing a business litigation case in Ward?

The statute of limitations can vary depending on the type of case. For breach of contract claims, the statute of limitations is generally six years from the date of the breach. However, it is advisable to consult with an attorney to determine the specific time limits applicable to your case.

What are the potential outcomes of a business litigation case?

The potential outcomes of a business litigation case can vary based on the specific circumstances and legal issues involved. Possible outcomes may include a negotiated settlement, judgment in favor of one party, dismissal of the case, or an appeal to a higher court.

How long does a business litigation case typically take in Ward?

The duration of a business litigation case can vary widely depending on factors such as the complexity of the case, the court's schedule, the availability of evidence, and the willingness of the parties to engage in settlement negotiations. Some cases may be resolved within months, while others can take several years to reach a resolution.

Can business litigation cases be resolved through mediation or arbitration?

Yes, alternative dispute resolution methods such as mediation or arbitration can be used to resolve business litigation cases in South Dakota. These methods offer parties a more informal and cost-effective alternative to traditional courtroom litigation, and they can often result in a quicker resolution and achieve results that the parties cannot obtain through the court system.

Are there any local rules or specific procedures for business litigation cases in Ward?

South Dakota follows the South Dakota Rules of Civil Procedure, which outline the general procedures for litigation cases. However, each court may have its own local rules and procedures that parties must follow. It is important to consult with an attorney familiar with the specific court where your case will be heard to ensure compliance with all relevant rules and procedures.

Can a Business Litigation Case Involve Multiple Parties?

Yes, business litigation cases frequently involve multiple parties. Business transactions, contracts, partnerships, and disputes often include various stakeholders, each with their own interests and claims. Complex commercial environments can lead to disagreements among multiple parties, such as business partners, shareholders, employees, suppliers, customers, competitors, and more. When multiple parties are involved, the dynamics of the case can become more intricate, as cross-claims, counterclaims, and third-party claims might arise. The court must navigate these complexities to ensure a fair and just resolution for all parties involved.

In some cases, class-action lawsuits might also arise, where a group of individuals with similar claims collectively sue a business or entity. These cases can involve numerous plaintiffs with common grievances, such as product defects, consumer protection violations, or securities fraud.

What is Discovery in Business Litigation?

Discovery is a crucial phase in the business litigation process that involves the exchange of information and evidence between parties. It allows both sides to gather relevant facts, documents, and testimonies that will be used to build their cases.

Discovery methods include: Document Requests: Parties request relevant documents, such as contracts, emails, financial records, and correspondence.

Depositions: Witnesses, including parties involved and experts, provide sworn, out-of-court testimony that can be used in court.

Interrogatories: Written questions are submitted to the opposing party, which they must answer under oath.

Requests for Admissions: One party asks the other to admit or deny specific facts, streamlining the issues for trial.

Inspections and Examinations: Physical examinations or inspections might be required for certain cases, such as product liability claims.

Discovery helps parties understand the strengths and weaknesses of their positions, promotes settlement negotiations, and ensures that all relevant evidence is presented in court.

How is Damages Calculation Handled in Business Litigation?

Calculating damages in business litigation involves assessing the financial harm suffered by the injured party due to the alleged wrongdoing. Damages can include:

Compensatory Damages: These aim to compensate the injured party for actual losses, such as financial harm, property damage, or medical expenses.

Lost Profits: In cases of breach of contract or interference with business relationships, the injured party might claim lost profits due to the alleged misconduct.

Punitive Damages: If the defendant's actions were particularly egregious, punitive damages might be awarded to punish the wrongdoer and deter similar conduct.

Liquidated Damages: These damages are specified in a contract as a predetermined amount that one party owes the other in the event of a breach.

Calculating damages can be complex, involving financial analysis, expert testimony, and legal arguments. The goal is to provide fair compensation for the harm suffered while ensuring that the damages are reasonable and supported by evidence.

Are Business Litigation Cases Public Record?

Yes, business litigation cases are generally public record. Court proceedings, documents filed with the court, and final decisions are typically accessible to the public. This transparency serves to promote accountability, fairness, and adherence to the rule of law. However, parties might seek to seal certain documents or proceedings if they contain sensitive or confidential information. In such cases, the court may restrict public access to those specific materials.

Can Business Litigation Involve Intellectual Property Disputes?

Yes, business litigation often involves intellectual property (IP) disputes. These disputes revolve around the protection of creative and innovative assets, including:

Copyright: Cases involving the unauthorized use or reproduction of creative works, such as art, literature, music, and software.

Trademark: Disputes over the use or similarity of brand names, logos, and symbols that could lead to confusion in the marketplace.

Patent: Cases related to the infringement or validity of patented inventions or processes.

Trade Secret: Claims of misappropriation or unauthorized disclosure of valuable confidential information.

IP disputes can be particularly complex due to the technical nature of the subject matter and the need for expert analysis. Resolving these disputes often requires specialized legal expertise and thorough understanding of IP law.

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