Business & Property Disputes

In the course of normal business, almost every organization will be involved with a legal dispute at some point or another. While the threat of litigation can bring fear, in the right legal hands these matters can be handled efficiently and with minimal disruption. At Lovell, Isern & Farabough, LLP, we bring years of experience and a depth of knowledge to every issue. John Lovell is a Board Certified in Civil Trial Law by the Texas Board of Legal Specialization – a distinction held by less than 1% of Texas attorneys. Brian Farabough is one of only a handful of lawyers Board Certified in Oil, Gas, and Mineral Law by the Texas Board of Legal Specialization. Kevin Isern, as well as the other attorneys, have handled dozens of estate and probate disputes over their years of practice.

Many disputes can be resolved without litigation, and we will exhaust these options before going to trial. Overall, our goal is to handle the administration of your case so you can focus on running your organization.

The potential for disputes can arise at any time during a business’s lifecycle. Whether just starting or more established, our clients’ businesses can benefit from legal review of business decisions, contracts, and agreements. A lawyer can also make sure you are in compliance with all local, state, and federal regulations as well as develop risk management plans. Checking and discussing these items can help to avoid future litigation.

Common Business & Property Dispute Scenarios

No matter the best planning, sometimes disputes arise that can result in litigation. Some of the common areas of business disputes we handle on a regular basis include:

• Contracts—Disputes around contracts are one of the most prevalent causes of business litigation. Every business has numerous contracts with a variety of parties, like clients, employees, and vendors. Issues arise when another party claims your business did not fulfill the obligations laid out in the agreement. Also known as a breach of contract, this type of disagreement can escalate quickly, with each party claiming the other did not live up to its side of the bargain. Having an experienced business lawyer review contracts beforehand helps ensure wording is not vague enough to leave you open to disputes. If litigation arises, our team will fight to protect your business.
• Fraud—This occurs when an individual or business intentionally deceives someone in order to profit from the situation. The company may be accused of deliberately misrepresenting information, the threat being that a business will be accused of fraud in its dealings with others. No matter how great a culture of integrity your company has, accusations happen and they can result in litigation with potential reputational impacts.
• Partnership and/or Shareholder Disputes—When partners and/or shareholders disagree on items like operational decisions and the distribution of assets, it can result in costly litigation. This takes time and resources away from the business. Creating formal policies to govern common areas of dispute can help prevent problems; and, having robust board governance policies also helps keep these items from tearing the business apart.
• Fiduciary Duty—Certain people act in a fiduciary capacity within and to your business, meaning they have a heightened duty to make decisions in your best interest and not their own. If a fiduciary violates the standard of care to a beneficiary, litigation may be necessary to hold them accountable. Similarly, depending on your business, people in your firm can have a fiduciary relationship with clients or other parties; and, thus your business could be sued if it is believed its owners, employees, or agents failed in their duties.

These are only a few of the many business dispute cases we’ve seen over the year – and, disputes can spring from almost any area of your business. Costly litigation can be avoided by having a lawyer review your existing agreements, contracts, and policies to fix any gaps that could leave you open for a lawsuit.

Experience in the Cattle and Oil and Gas Industries

While our attorneys have significant experience with many types of businesses, we are particularly adept when dealing with cattle disputes and oil and gas litigation. Partner John Lovell is one of the few trained agronomists practicing cattle law. Partner Brian Farabough is one of only a handful of lawyers Board Certified in Oil, Gas, and Mineral Law by the Texas Board of Legal Specialization. Together, they bring an in-depth knowledge to two industries significant across the mid-west.

The cattle industry is estimated at $60 billion per year, with the United States operating as the largest producer of beef in the world. Overall, cattle production represents about 18% of agricultural commodities nationwide. Our attorneys have experience in a wide range of legal issues affecting the cattle industry, including false price reporting, livestock breach of warranty claims, breach of supply contracts, and breach of contract disputes.

With the United States now producing nearly all of the natural gas it uses and petroleum production increasing year over year, the oil and gas industry continues to serve as a key industry across the country. Our oil and gas practice handles everything from exploration and production disputes to environmental compliance to development and construction. We routinely provide legal support for both oil and gas transactional issues – such as operating agreements or purchase/sale agreements – as well as represent those involved in litigation matters.

Estate Disputes

Even when a loved one leaves a Last Will & Testament to guide their family after their death, complications and disputes can arise. An experienced legal team can help address issues between multiple beneficiaries in regards to the distribution of a Will or trust, disputes between beneficiaries and trustees/executors regarding the handling of the estate, or friction with creditors trying to collect against the estate or trust. Additionally, in cases with no Will or a contested Will, our lawyers can work towards resolving the estate, trust, and any associated assets for all parties involved.

Business & Property Dispute Attorneys

Lovell, Isern & Farabough, LLP has extensive experience successfully and efficiently resolving business matters. If you are currently involved in a business dispute or think one is imminent, our trial lawyers are ready to help protect your business during every step of the process. We will take a close look at your situation and discuss the best legal options to explore. We partner with our clients to not only learn about the current case, but also about their overall goals and business objectives so we can make decisions that maximize the benefits to the company. Contact us today at 806-373-1515 to discuss how we best serve your litigation needs.