Business Disputes
Langon attorneys provide aggressive, personalized representation when business relationships turn sour. From partnership disputes and breach of contract claims to torts litigation and allegations of fraud, Langon can safeguard your business interests from the arbitration table to the courtroom.
Our Litigation Practice Group regularly represents business clients in connection with a variety of legal disputes including, but not limited to:
Partnership/Shareholder Disputes:
You may need legal representation in connection with a “friendly” mediation and/or arbitration involving a business the parties intend to manage for the long term or you are facing a messy dissolution of a business entity.
Breach of Contract (“Incumplimiento Contractual”):
Just like in the United States, the EU and other foreign jurisdictions, a “breach” (“incumplimiento”) of a contract in Colombia occurs when a party has violated a promise that was made in connection with an existing business agreement.
Breach of Fiduciary Duty (“Incumplimiento de Deberes Fiduciaries”):
A party is said to have a fiduciary duty to another when they are required to act in their best interests. This can occur in a variety of legal relationships including company officer/shareholder, trustee/beneficiary and agent/principal.
Fiduciary duties include:
- duty of Care (“Deber de Cuidado”): acting with great care in managing properties, financial accounts, cash and other assets;
- duty of Loyalty (“Deber de Lealtad”): acting in the best interest of the other party and not making decisions that place them at a disadvantage; and
- duty of Good Faith (“Deber de Buena Fe”): not being deceitful or engaging in fraudulent behavior.
Adversarial actions alleging breaches of fiduciary duties can include allegations of misappropriation of business opportunities, failure to maintain confidentiality, and financial self-dealing.
Business Torts (“Competencia Desleal”):
If your company suffered a financial loss as a result of the actions of a third party you may be able to bring a business tort action and recover damages.
Business/economic torts include, but are not limited to:
- fraud (“Fraude”): making statements that are false or intentionally omitting certain information in connection with a business transaction;
- civil theft/conversion (“Violación de Secretos”): stealing business property/ownership interests in a business and other assets; and
- defamation (“Difamación”): false and damaging statements made by a party that has the effect of damaging your business reputation.