Because the Outcome Matters!

With over 20 years of experience and more than 100 cases tried in front of a jury, Dan Gattis has extensive knowledge about commercial contracts and litigation. Although he prefers settlement negotiations, he is always prepared to take your case to trial, if necessary.

When you or your business is faced with any type of commercial litigation issues, it is wise to retain the services of an experienced commercial litigation attorney. Whether you have breached a contract or suffered losses as a result of a contract breach, you deserve to have an opportunity to discuss the options that are available to you and to understand your rights.

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Breach of Contract

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When you put together a contract, written or verbal, every party is legally required to live up to their obligations and operate honestly. Unfortunately, this is not always the case and occasionally a breach of contract can occur. If another party in your contract has breached the agreements and caused you any degree of financial loss or stress, you may have legal recourse. Common breaches of contract include:

  • Failure to provide goods or services
  • Real estate and business transactions
  • Loan agreements and collection disputes
  • Vendor and franchise contracts
  • Construction disputes.

Minority shareholder rights disputes

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Minority shareholder rights disputes occur when majority shareholders in a corporation act unfairly or oppressively toward minority shareholders. This often occurs in an attempt to diminish the value of the minority shareholders’ interests in the business. Minority shareholders retain legal rights and can dispute actions such as:

  • Failure to pay dividends
  • Forcing sales of stock
  • Unfairly increasing compensation to majority shareholders who are officers
  • Terminating employment
  • Withholding information
  • Blocking minority shareholders out of discussions
  • Blocking minority shareholders from the premises
  • Failure to provide adequate corporate reports and records.

Breach of Fiduciary Duty

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When you trust someone to act in your best interest or place special confidence in them to act on your or your business’ behalf and they fail to do so, you potentially have a cause of action for breach of fiduciary duty. Those who have a fiduciary duty are held to the absolute highest standards of care. Most often those in such positions of trust fall into special categories like partner, attorneys, brokers, agents, or officers of a company; however, others can be considered to hold a fiduciary duty under certain conditions. These duties include:

  • Duty of loyalty and utmost good faith
  • Duty of utmost candor
  • Duty to refrain from self-dealing
  • Duty of fair and honest dealing
  • Duty of full disclosure.

Misrepresentation Claims and Fraud

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There are many different forms of fraud including common law fraud, fraud by nondisclosure, and statutory fraud. Each of these occurrences has a few things in common, the main underlying factor being dishonesty and a result of significant financial loss. Fraud occurs most commonly when:

  • False representation of fact is made
  • There is knowledge of the false representation
  • There is an intention to trick or hide information.

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Dan Gattis believes in a personal, hands-on approach with every client because every case is unique. Request a free consultation to learn more.
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