Placing all the details of an agreement in writing is one of the most important things a business owner can do. But simply doing so does not necessarily make it an open-and-shut case.
When you’re dealing with someone that is trying to change the terms of a previously signed contract, it is vital that you hire counsel right away to advise you on all of your options.
The Uniform Commercial Code (UCC) was created to standardize the laws of sales and commercial transactions within the United States. UCC litigation generally involves: sales, leases, negotiable instruments, bank deposits, funds transfers, letters of credit, secured transactions, bulk sales, warehouse receipts, and investment securities. When entering a commercial transaction, it is important to determine if the UCC governs the transaction and what criteria must be met.
Creditors’ rights deal with the rights of a creditor against the debtor and the rights of creditors against one another.
A portion of Barakat + Bossa’s practice involves assisting commercial and consumer creditors in pursuing remedies upon debtor default. Because we fully understand the critical- and time-sensitive nature of asset recovery, we file lawsuits and use other legal collection techniques to recover payments, secured goods, and other types of debts.
Our goal is to maximize our clients’ recovery opportunity through both out-of-court negotiations and in-court actions. Some of our services include restructuring negotiations, handling out-of-court financial workouts, and the enforcement of judgment liens.
Distribution agreements typically contain at least six or seven essential provisions, including territory, performance, products, price and payment terms, shipping terms and risk of loss, supplier and distributor rights and obligations, exclusivity, and restrictions on the distribution. Distribution agreements often contain provisions that become highly problematic when terminated.
Due to the complex nature and sometimes international or intra-jurisdictional nature of distribution agreements, Barakat + Bossa ensures that our clients’ rights are adequately protected under the terms of the agreement, whether supplier or distributor, and that the agreement not only contemplates the dealings between the parties throughout the life of the agreement, but also upon its termination.
In addition to drafting and revising distribution agreements, we specialize in enforcing these agreements and ensuring our clients’ rights are upheld through litigation and in-court proceedings, as well as out-of-court negotiations and pre-litigation techniques.
When it comes to recovering a debt owed to you, a good collections attorney can force a slow-paying individual or company into court.
Through the use of pre-litigation techniques including skillfully crafted demand letters, and in-court proceedings including the proper perfection and enforcement of judgments, our attorneys ensure that your recovery is prompt and cost-effective.
If you are the debtor, our attorneys will ensure that you are not taken advantage of by your creditor(s) and can negotiate and communicate on your behalf to pay back the amount you borrowed, or less, in a non-crippling or damaging way.
Within the United States, businesses may choose to settle their disputes through arbitration, which does not have to follow the procedural rules of state or federal courts. Other businesses prefer to present their case before arbitrators with a specific business or technical background, rather than a judge studied in the law.
Businesses with worldwide dealings often look to arbitration to provide what they see as a predictable way to settle their disagreements, without the risk of being taken to court in a foreign country. Nearly all arbitration requires an agreement. While arbitration agreements are mostly enforceable, sometimes they can be avoided. Arbitrations often do not provide the same procedural rights and protections as domestic courts, such as the right to an appeal.
Sometimes the more informal and flexible nature of arbitration leads to a more unpredictable outcome. At Barakat + Bossa, we can represent your case in arbitration while making sure the proceedings are as well suited to your needs.