Nashville Business Litigation Attorney
Tennessee Business Disputes and Litigation: Protect Your Investments
At the outset, a business deal can seem like a profitable investment or opportunity for growth. Whether entering a contract, hiring a vendor, or purchasing real estate, you want to protect your investments and interests. Unfortunately, a business dispute arising out of a contract or other business arrangement can be costly and result in significant financial losses. If you are facing a business dispute, it is important to work with an experienced Nashville business litigation attorney that is capable of protecting your rights.
Calhoun Law, PLC is a Nashville, Tennessee, law firm with extensive litigation experience. We will take the time to understand the facts of your case, identify your objectives and develop a cohesive strategy to pursue the best possible outcome in your case. While we are skilled negotiators, we are also prepared to take any case to trial on your behalf. Our legal team will fight hard to protect your personal rights and your long-term business interests.
Our Nashville business litigation attorneys are experienced with cases involving:
- Business and contract disputes
- Real estate purchase and sale
- Construction disputes
- Business to business contracts
- Employment disputes
- Sexual harassment and discrimination defense
Prepared to Handle a Wide Range of Business Disputes
Our firm handles business disputes ranging from contracts through real estate litigation as well as employment discrimination and other employee disputes. We understand that every business is unique and has different goals. We also know that any legal dispute can have a detrimental impact on your company’s financial security and reputation. We will handle your case professionally and with discretion to minimize the cost and impact of any dispute. Our attorneys will always remain available to answer your questions and address any other complications that may arise.
Nashville Business Law FAQs
The business law attorneys at the Nashville law office of Calhoun Law, PLC answer the following frequently asked questions about business entity formation and business law in Tennessee. If you have other questions or need advice or assistance in a Tennessee business law matter, contact our office to speak with one of our able and experienced business lawyers.
Q. What is the best type of business entity to form for my company?
A. There are many different types of legal structures which may be formed under Tennessee law, including sole proprietorships, partnerships, C corporations, Subchapter S corporations, limited liability companies, and limited liability partnerships. Each type of entity offers distinct advantages and drawbacks, so the choice of the right entity for you depends on your overall needs and goals. Generally speaking, a partnership offers favorable tax treatment to the business owners but exposes them to personal liability, while a corporation shields corporate officers from liability yet may hit the business owners with double taxation. A limited liability company (LLC) or limited liability partnership (LLP) may offer the tax advantages of a partnership while also offering some of the liability protection of a corporation.
In addition to taxation and liability, other areas impacted by the choice of business entity may include issues of management and control, transfer and ownership, governance, financing and business succession. By meeting with experienced business lawyers and sharing your needs and goals with them, you will receive quality advice to help you select the right entity for your company.
Q. When should business disputes be submitted to mediation or arbitration instead of litigation?
A. Mediation, arbitration and other forms of alternative dispute resolution are sometimes able to resolve a dispute faster and more cheaply than litigation in court. In addition, a resolution that was arrived at collaboratively through mediation rather than confrontationally in court is more likely to reflect a solution that meets the needs of both parties. Mediation may therefore be favored when the parties have a long-term relationship that they wish continue after the current matter is resolved.
Mediation and arbitration can also help narrow the issues and give the parties a better idea of how strong their case is, which can inform their decision to settle or go to court. And unless the arbitration is binding, it may be possible to go to court if the mediation or arbitration is unsuccessful. Also, there are times when litigation is simply the best choice for resolving a legal dispute. When bringing your legal matter to an attorney, choosing a law firm with extensive litigation experience will help ensure that your dispute is resolved satisfactorily at the appropriate stage.
Q. Is a covenant not to compete enforceable?
A. Courts generally frown upon non-compete agreements, because they often appear to restrain a person from making a living. However, covenants not to compete are not per se illegal, and a court would likely uphold an agreement if it is convinced the agreement is reasonable and not overly one-sided. An agreement that requires a company’s trade secrets and customer lists to stay within the company, or one that restricts a former employee from working in the same industry only for a reasonable period of time within a reasonable geographical location, may be upheld if challenged in court.
Q. What are the rights of an at-will employee in Tennessee?
A. An at-will employee is one who can quit at any time without having to give a reason, and who can also be fired at any time, whether for a good reason, a bad reason, or no reason at all. Employees who have a contract, who are covered by a collective bargaining agreement, or who have statutory rights to employment, are not at-will employees, but most other people are. Be careful, though; even without an express written contract, there are other ways an employee may wind up with contractual rights to continued employment, if promises are made either orally or in other documents, such as job descriptions, employee evaluations, employee handbooks, and other company policies.
Even an at-will employee cannot be fired for a reason that violates the law or public policy. This would include termination that amounts to employment discrimination, where the person is fired based on their protected characteristics or legal status. Also, at-will workers are protected from termination for filing a workers’ compensation claim, reporting a safety violation or illegal activity (whistleblowing) or cooperating with an official investigation.
Call now at 615-250-8000 for a free consultation or contact us by e-mail to speak directly with our Nashville business litigation attorneys.