Business and Commercial Litigation
A business relationship is typically secured by a verbal or written agreement. If the agreement is not fully performed by one of the parties, an action for breach of contract and damages may be available to the non-breaching party. In addition to breach of contract litigation, parties in a commercial situation may be entitled to assert common law or statutory business “torts” – a broad range of intentional and unintentional acts which cause injury to an individual or entity’s person, property or reputation. Examples include claims of civil fraud and deceit, bad faith breach of contract, and interference with economic relationships.
ELB lawyers have over 100 years of combined trial and litigation experience involving Commercial Contractual Disputes across a broad range of businesses, including, insurance contracts, securities contracts, corporate governance agreements (i.e., bylaws, operating agreements, etc.), oil and gas contracts, and employment agreements. Because these contractual disputes frequently involve complex accounting and economic issues, ELB has the knowledge and resources to retain the most qualified expert witnesses to ensure that your case is properly presented to the court or jury.
In the area of business torts, ELB has extensive experience in defending and prosecuting claims. This includes claims for civil Fraud or Deceit, which in Oklahoma can result from an intentional false misrepresentation or the failure to disclose material facts when one is obligated to do so, as well as Constructive Fraud, which does not require an actual fraudulent intent but consists of a breach of duty resulting in an advantage by misleading another to his detriment. Other commonly asserted business torts include Bad Faith Breach of Contract and Tortious Interference with Economic Relationships. A claim for Bad Faith Breach of Contract, also referred to as a breach of the covenant of good faith and fair dealing or tortious breach of contract, has been recognized by the Oklahoma Supreme Court in certain types of contracts and may be available where an independent tort is committed in a contractual relationship. A common Tortious Interference claim involves interference with an existing contractual or business relationship. In some cases, punitive damages may be asserted in connection with these various business tort claims.
ELB has the litigation skill set and experience to protect your rights across a wide variety of business and commercial litigation.