Understand your rights as an employee facing workplace sexual harassment in Murrieta, CA and learn what legal options may be available to you under California law.
Learn when to contact a disability discrimination attorney in Menifee. Understand your rights and legal options for workplace discrimination.
Discover what to look for when seeking quality employment defense attorneys in Corona. Learn about effective legal strategies and prevention approaches.
Recognize FMLA discrimination signs and learn when to contact an attorney in Riverside. Get expert guidance on protecting your family medical leave rights.
Learn how to select the best wage dispute lawyer in Temecula. Find attorneys with proven experience recovering unpaid wages and overtime.
Discover what wrongful termination attorneys in Stockton do for clients. Learn about case investigation, evidence gathering, and legal strategies.
Learn how to choose the right employment lawyer in Murrieta. Get expert guidance on finding qualified legal representation for workplace issues.
Contrary to popular belief, most business disputes do not go to trial. If your business is facing a dispute, litigation may not be the only option to resolve it. You may be able to resolve your dispute with the help of alternative dispute resolution (ADR) methods. If you do not understand your options for resolving disputes, you may need to seek the guidance of an experienced business law attorney. Our team of attorneys at Robinson Bradford LLP can evaluate your situation to help you decide on the best course of action in your case. Also, we pride ourselves on guiding our clients towards success. We represent clients with all types of alternative dispute resolution options and litigation in Stockton, California, as well as Temecula and Costa Mesa. What Is Alternative Dispute Resolution (ADR)? Alternative dispute resolution refers to methods that allow the parties to resolve disputes less formally outside of the courtroom. As the name implies, ADR methods are an alternative to litigation. When resolving a dispute through ADR, parties to a dispute work with a neutral third party (a mediator) to negotiate a mutually agreeable solution or let a neutral decision-maker (an arbitrator) make a legally binding decision for them. According to the U.S. Department of Labor, alternative dispute resolution (ADR) provides a forum for the parties to a dispute to work out a voluntary agreement without having a judge to decide for them. ADR methods are commonly used to resolve both employment and business disputes. Common Alternative Dispute Resolution Methods Three of the more commonly used alternative dispute resolution methods are: Mediation. This ADR method allows the parties to work with a neutral, third-party mediator to resolve their dispute. The mediator facilitates communication between the parties to a dispute to help them reach a voluntary and mutually acceptable agreement. However, the mediator does not make the decision for the parties. Arbitration. This ADR method is slightly different from mediation. The parties refer their dispute to an arbitrator or a panel of arbitrators who apply the law to the facts of the dispute and make a legally binding decision for the parties. Unlike mediators, who do not have decision-making power, arbitrators can decide the case when the parties cannot agree on their own. Med-Arb. Med-Arb is a hybrid ADR method that combines mediation and arbitration processes. As the name implies, the parties first agree to mediate their dispute. If their attempts to resolve the dispute through mediation fail, their case will proceed to arbitration, where an arbitrator will make a binding decision for the parties. If you are not sure which ADR method to choose to resolve your dispute, you must contact a knowledgeable attorney to explore your options. Our business law attorneys at Robinson Bradford LLP help businesses in Stockton, Temecula, and Costa Mesa resolve their disputes through ADR methods or litigation, depending on the facts of the dispute and the parties’ willingness to negotiate. What Are the Benefits of ADR? There are many benefits of choosing alternative dispute resolution over litigation, including but not limited to: Cost. ADR methods such as mediation and arbitration are generally much more cost-effective compared to taking a dispute to trial. Time. Litigation can be extremely time-consuming when resolving business disputes. ADR is generally quicker than going to court. Depending on the complexity of the dispute, the litigation proceedings could last for months or years. Disruption. Pending litigation can disrupt your business operations in different ways. Choosing ADR methods, on the other hand, is generally less disruptive. Publicity. Litigation is public, which means your business and its operations will be subject to public scrutiny. ADR methods such as mediation and arbitration are private forms of dispute resolution. Even if your business dispute does not go to court, you still need an attorney to protect your interests and help you navigate the dispute resolution process. Discover Your Options The business law attorneys at Robinson Bradford LLP recognize that business disputes are sometimes best resolved through alternative dispute resolution methods such as mediation and arbitration. ADR methods are generally less expensive and time-consuming and bring less disruption to businesses. Get a free consultation today to discuss the available ADR methods in your particular case. Our team has the knowledge, resources, and experience necessary to assist your specific situation in Stockton, California, as well as Temecula and Costa Mesa.
Business competition can sometimes be ruthless, but just competing with another entity for customers, sales, and profits is not generally illegal. However, both California contract law and tort law allow for legal action when a third party wrongfully interferes with a contract or ongoing business relationship to the detriment of the affected party. This type of action falls under the general label of tortious interference. A tort, unlike a crime, is a civil wrong that can be addressed in civil court. Generally, there are three types of tortious interference recognized in California. One is interference with contractual relationships (IWCR). Another is interference with prospective economic advantage (IWEP). A third type, not based on intentional acts, is negligent interference with an economic advantage when no contract is involved. If you feel your business is being harmed by tortious or negligent interference, contact the business law attorneys at Robinson Bradford LLP. With offices in Stockton, Temecula, and Costa Mesa, we proudly serve business clients in the Golden State. With a combined half-century of experience, our attorneys can examine the circumstances of your claim, advise you of your legal options, and help you mount any legal or other action necessary to protect your business interests. Understanding Tortious Interference Perhaps the most famous case of tortious interference in the United States came in 1984 when Texaco interfered with efforts by Pennzoil to purchase Getty Oil. Pennzoil prevailed and was awarded $10 billion in economic and punitive damages, with the two parties later agreeing on $3 billion. Tortious interference is not a single statute on the books in California or any other state but evolves through court cases and precedents set. In fact, as recently as 2020, the California Supreme Court was still interpreting the requirements for proving any type of tortious interference. In Ixchel Pharma, LLC v. Biogen, Inc., the court ruled that in any type of tortious interference claim, the plaintiff must show “independent wrongfulness” by the defendant or interfering party. Otherwise, it said, legitimate business competition could be chilled and restrained. Types of Tortious Interference As referenced earlier, there are three forms of tortious interference – two intentional, one negligent, one involving contracts, and the others ongoing or prospective business relationships. These are: INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS: In this type, there needs to be a written or oral contract governing the activities of the parties to the contract. For instance, Company A may contract with Company B to supply chips to power its line of manufacturing plant robots. Company C steps in and offers Company B more for its chips. B agrees and either shortchanges its shipments to A, eliminates them altogether, or says it won’t comply until the higher price is met. C has intentionally interfered with a contracted agreement. INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE: Here there may not yet be a contract, but A and B are in the stages of agreeing on a business plan that will benefit both. C interferes to siphon off any prospective advantage to itself. The business arrangement between A and B may already be ongoing, and C’s actions threaten to or actually do disrupt the advantages enjoyed or envisioned by A and B. NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE: Here the interference by C may result in the same loss of advantage by A and B, or one or the other, but the interference need not be shown to be intentional. The standard is that the defendant, or interfering agent, knew or should have known about the relationship and economic prospects enjoyed by A and B but interfered anyway. Proving Tortious Interference If you go to court and prevail, you can generally recover damages, usually lost profits. Punitive damages are also available if the interfering party acted with “malice, fraud or oppression.” In other words, the defendant not only intended to interfere but also aimed to cause deliberate harm. In any tortious interference lawsuit, the plaintiff alleging the interference must show: There was an existing contract or business relationship based on economic necessity. The interfering party knew or should have known about this relationship. The defendant, intentionally or wrongfully, interfered with that relationship. The interference caused economic and/or other losses to the plaintiff. Turn to Skilled Legal Guidance If you suspect someone or another business is interfering with your contracts, business relationship, or prospective economic advantage, you need skilled and experienced legal counsel on your side to assess the situation and propose legal options going forward. The business law attorneys at Robinson Bradford LLP stand ready to help you with any tortious interference claim. Not every instance needs to go to court, but all need to be dealt with and resolved, either through negotiations and confrontation or filing a lawsuit. Contact Robinson Bradford LLP when you feel your business is illegally interfered with in Stockton, Temecula, or Costa Mesa, California.