Practice Areas

commercial business litigation

Commercial or Business Litigation

Whether representing individuals or companies, lawsuits or arbitrations involving disputes over business matters generally are referred to as “Commercial Litigation” or “Business Litigation”.  While these types of cases usually involve claims for monetary damages resulting from breaches of contract or other duties owed by one party to another, it’s not unusual for such cases to also include claims for injunctive relief (a request that the court enter an order that some activity must be stopped or, in rare situations, that a party must affirmatively take some action).  DALTON LAW has over 30 years of experience in handling commercial litigation cases; this includes substantial background with injunctions to quickly and effectively respond when the need arises – even on short notice – to seek (or defend against) injunctions or restraining orders in a broad variety of civil disputes.

Examples of Commercial and Business Litigation cases include: 

  • Contract disputes, including failure to perform, breach of warranty, defective products, and noncompete agreements
  • Business tort claims, including fraud, deceptive trade practices, defamation, duress, breaches of fiduciary duty/duty of good faith, tortious interference, and unfair competition
  • Complex litigation, including antitrust, and securities claims
  • Construction litigation
  • Intellectual property litigation, including trademarks, trade names, copyrights, patents, and trade secrets
  • Technology litigation, including breaches of computer hardware, software, or computer services contracts
  • Employment litigation, including breach of contract, unfair competition, retaliatory discharge, noncompete agreements, and theft, misuse, or misappropriation of assets or confidential information
  • Environmental law
  • Ownership Disputes between shareholders, co-tenants, and partners
  • Lender-borrower disputes, including usury, lender liability, real estate valuation, and deficiency claims
  • Real estate litigation, including lien claims; construction defects; boundary, easement, or possession disputes; and landlord/tenant claims
  • Oil and gas litigation
  • Municipal litigation,such as eminent domain, zoning disputes, and land use
  • Extraordinary and equitable relief (including temporary restraining orders, temporary and permanent injunctions, distress warrants, as well as writs of possession, entry, attachment, garnishment, or sequestration)

 

Construction Law

construction law

Construction law includes both litigation and transactional legal work.  Construction litigation encompasses cases from simple disputes between homeowners and homebuilders about performance under a contract to complex cases involving a large number of parties, multiple claims, and major commercial construction projects.  These can involve design professionals – such as architects and engineers – as well as contractors and subcontractors, and can include claims arising from soil movement, design defects, failure to follow plans and specifications, failure to use industry standard practices and procedures, and claims for damages due to construction delays.

Transactional construction law includes drafting and negotiating contracts for construction-related transactions, from assisting homebuilders contracting with customers and subcontractors to contracts used for building major commercial construction projects and preparing and filing mechanics liens.  DALTON LAW has over 30 years of experience in construction law, including representation of architects and engineers in design defect lawsuits, municipalities in disputes over public works construction projects, homebuilders in a wide variety of construction-related litigation claims, as well as in negotiating and drafting contracts for architects, homebuilders, and individuals for construction projects.

 

Healthcare Law

healthcare law

Healthcare Law encompasses far more than lawsuits alleging medical malpractice or injury due to a drug or medical device.  It also includes advising consumers and healthcare practitioners of their rights and obligations under a variety of healthcare laws and regulations, such as the Stark Laws and HIPAA, as well as the many other special considerations healthcare practitioners should take into account in their business dealings and formation of their practice entities.  With a healthcare background based on his experience as a Registered Pharmacist, Paul Dalton has helped pharmacists, physicians, and other healthcare practitioners in some of these areas, and associates technical specialists to assist clients in certain areas of complex healthcare law issues to assure that they receive the best available legal advice for their particular circumstances.

 

Intellectual Property Litigation

litigation for intellectual property

Intellectual Property Litigation is the title given to disputes that arise regarding patents, copyrights, trademarks, service marks, trade secrets, as well as unfair competition claims arising from improper or unlawful misuse of such intellectual property rights, and technology disputes involving computer hardware and software.  These cases tend to involve complex technical issues that must be boiled down and explained in simple terms to be effectively communicated to a jury.  DALTON LAW has the background and experience to represent clients effectively in these types of litigation and to advise individuals and businesses regarding these matters.  For matters involving patents, DALTON LAW generally associates a patent attorney with specific expertise in the processes or technologies involved in that patent issue.

 

Premises Liability

premises liability

When an individual is injured on property owned or occupied by another, he or she may seek to recover damages by alleging that the property was unsafe in one or more respects.  Such claims may be made against either the owner of the premises or a tenant (such as a business) that occupies those premises under a lease or rental agreement.  DALTON LAW has represented property owners, landlords, and tenants in lawsuits seeking compensation for alleged slip/trip and falls, assaults, and wrongful detention and illegal arrest claims.

 

Real Estate Litigation

real estate litigation

DALTON LAW provides litigation advice and representation in a variety of real estate matters, including:  Ad valorem tax disputes (appraisal district litigation); fiduciary duties of general partner to limited partnership and limited partners in real estate partnerships; forcible entry and detainer actions; fraudulent concealment of construction defects; landlord/tenant disputes (retail and office); mechanics’, contractors’, or materialmens’ lien disputes; boundary disputes; easement disputes; and adverse possession claims.

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