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  • Ralph A. Cantafio
  • Rick Eddington
  • Mark J. Fischer
  • Reed F. Morris
  • Elizabeth Wittemyer
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Business and Commercial Litigation

Breach of Contract

The sanctity of a contract is important in both the business world and our personal lives. If you are involved in a dispute concerning any type of contract or agreement (written or oral), we can help. Our attorneys have experience in a wide spectrum of contractual disputes, including:

• employment contracts
• buy/sell agreements
• partnership agreements
• joint venture agreements
• shareholder disputes

In agreements containing provisions awarding attorneys fees to the prevailing party, we have experience in securing such awards both during and after trial on contract disputes.

Contracts and other enforceable agreements often play a role in several areas our firm emphasizes, including landlord/tenant, real estate, estate planning, and employment. Ambiguous contracts raise special evidentiary problems in interpreting the "meaning" of a certain term or obligation of the parties to the agreement. If we can help you in understanding your obligations or whether an agreement you are in has been breached by another party, we would be happy to assist you with such preliminary matters in an efficient and professional manner. Contract disputes of all forms are often able to be resolved through negotiation, mediation, or arbitration. We are always looking ahead to presenting your case to a judge or jury and our experienced trial attorneys will not hesitate to take these issues to court if an agreement cannot be reached. Ralph A. Cantafio and Reed Morris have the experience you need in these matters.

Collections

If you have customers or other debtors who are failing to pay their bill, we can assist you in recovering the amounts due to you. If you have already received a judgment in the case, we can step in and handle post-judgment issues and collections on your behalf.

Ralph A. Cantafio, Reed Morris, and Mark J. Fischer have experience in complex commercial collection cases that have resulted in their own independent litigation. We have experience in both bringing and defending piercing the corporate veil claims, which are becoming more common in our courts and, under the right circumstances, may be an effective tool to collect a debt. If money is owed to you, taking prompt and aggressive action may be the difference between whether you collect or whether you don't if you are standing at the back of the line.

Breach of Fiduciary Duty

Our attorneys have experience litigating breach of fiduciary duty actions bringing and defending such claims in the context of probate proceedings, securities, partnership disputes, and real estate. Where two parties have a relationship that involves trust and reliance, it may be the basis of a fiduciary type relationship. Like a trustee, a fiduciary is held to a high duty to act in accordance with the principles of diligence, honesty, in a manner to further the other party's best interests (and not their own). Banks, business partners, personal representatives, and also lawyers owe fiduciary duties to their clients and the damages resulting from the breach of those duties are often serious. If you are engaged in a dispute or have a question as to whether a fiduciary duty exists or may have been breached, Ralph A. Cantafio, Reed Morris, and Mark Fischer can help advise you of your legal rights and remedies. If your case requires presentation to a judge or jury, our experienced trial attorneys can advise you accordingly.

Partnership Disputes

Ralph A. Cantafio, Reed Morris

Securities

Brokers or even small business people selling securities (for examples, stock) owe legal duties, including fiduciary duties, and the duty to deal with people in an honest manner. Ralph A. Cantafio and Reed Morris have experience in negotiating and litigating securities disputes or claims of dishonesty, misrepresentation, and fraud have been made. If you've been a victim of securities fraud, you have rights under state and federal law and may provide you an opportunity to recover damages and your attorney fees. From negotiation, settlement, all the way to trial, if you have a securities claim, we can advise and counsel you on those matters and look forward to the opportunity to do so.