Business Litigation

While focusing on employment-based legal services such as employee contracts, classification, accommodation, internal investigations, employee benefits, discrimination and harassment, and workers’ compensation, MNK Law also handles commercial litigation such as agreements and business-to-business disputes. Below are the business litigation services that we provide. 

Employment Law

Employment law is the side of business law that covers the employer-employee relationship. It encompasses the rights, responsibilities, and obligations within this relationship, including employee onboarding and offboarding, wages, and safety in the workplace. Given that the laws are stacked up against employers, lawyers in this particular field generally represent the plaintiff side when issues arise. Employers also require representation.

In general, employment law helps to protect the rights of employees, but laws are in place that protect the rights of employers, too. These laws are based on federal and state constitutions, as well as legislative laws and administrative rules. Having a lawyer on your side who understands the laws — such as certain laws not applying to businesses with fewer than 50 employees — will help to ensure the best possible outcome. 

More importantly, having an advisor who clearly presents a cost-benefit analysis to each matter before proceeding is critical. All too often, clients go down an endless and costly path in litigation without understanding the practical costs, management time, and stress that these matters carry for their business. 

When managed incorrectly, or with a focus that is not aligned with your business goals, litigation can disrupt an otherwise profitable year. Even worse, it could derail your company altogether. We will provide the advice and guidance that you need to avoid these potential problems. 

Some of the employment law issues that we cover include, but are not limited to:

• Wage and hour
• Employee benefits
• Contract disputes
• Wrongful termination and harassment
• International employment
• DFEH and EEOC complaints
• Internal investigations
• Compensation disputes
• Employment privacy rights
• Family and Medical Leave Act
• Labor-management relations
• Retaliation claims
• Workplace safety and health

Commercial Litigation

Business litigation is an area of law that deals with disputes that arise out of commercial or business relationships. These disputes may include breaches of contract, breaches of fiduciary duties, civil litigations, class actions, and business torts. 

In addition to the challenges of dealing with the disputes themselves, lawsuits are public record. As such, they can create a public relations nightmare. They can damage your reputation and cause financial devastation by decreasing sales. 

Commercial litigation requires an attorney who understands your business and can effectively handle your dispute from start to finish.  

In addition to the areas noted above, our commercial litigation services include but are not limited to:

• Business disputes
• Contractual disputes
• Disputes with vendors
• Internal partnership disputes
• Disputes with regulatory agencies

Mediation and Arbitration

Mediation and arbitration offer ways to resolve business disputes without going to court. Mediation is a less formal process. It involves the two parties getting together to resolve their issues with the help of a mediator — a neutral third party who manages the process. As an informal process, mediation is much more flexible than litigation or arbitration.  

Arbitration, on the other hand, is a more formal process that involves submitting a dispute to an arbitrator (an impartial third party). Both parties may need to submit relevant documents for the arbitrator to review. They also have the opportunity to present their side of the case. The arbitrator then makes a binding and enforceable decision based on the details provided. It is essentially a streamlined trial without the court processes and limited discovery. 

Business law can be complex. When issues arise, you need a lawyer who can help you understand the process. MNK Law offers more than law services — we are also your business advisors. We will help you navigate business litigation and ensure a favorable outcome.