When operating a business, disputes can arise, from normal day-to-day conflicts to complex issues that can put your entire business at risk.
At Berman Fink Van Horn, we recognize that disputes with employees, vendors, customers and others are a distraction to your business and can take a significant toll on your operations. We employ common sense, creativity and decades of experience to resolve disputes, both inside and outside the courtroom.
Resolving business disputes effectively
While we are tenacious advocates for our clients, we take our role as counselors seriously, advising clients to resolve matters without litigation, or short of trial, when we believe doing so is in the best interest of their business. Because not all cases can be resolved out of court, our experienced business litigators are also seasoned trial lawyers who have tried cases in state and federal courts. We also regularly handle appeals when necessary.
Clients often turn to Berman Fink Van Horn to resolve:
- Commercial disputes
- Business disputes
- Contractual disputes
- Business torts
- Unfair competition claims
- Restrictive covenant and trade secrets disputes
- Breach of fiduciary duty claims
- Unfair and deceptive trade practice claims
- Real estate disputes
- Landlord/tenant disputes (commercial only)
- Partnership, shareholder, and other internal corporate disputes
- Shareholder derivative lawsuits
- Corporate governance disputes
- Construction disputes
- Securities fraud claims
- Trade name and trade dress infringement
- Uniform Commercial Code disputes
- Adversary proceedings in bankruptcy court
- Computer Systems Protection Act violations
- Computer Fraud and Abuse Act claims
- Telephone Consumer Protection Act (TCPA) claims
- Business defamation
- Civil RICO
Business owners who enter a partnership often assume the relationship will last forever. But like marriages, not all business relationships stand the test of time. A business divorce is a process in which two or more business partners sever their business relationship, the financial and emotional toll of which can be great. Our legal team has deep experience helping clients understand when and how to separate their interests in a business, negotiate settlements or secure favorable resolutions in court.
Why choose us?
When you entrust us with your business dispute, you can rest assured our team will treat your company like it is our own. The attorneys handling your case will always keep you up to date, consistently communicating with you and collaborating on creative solutions. Our team is nimble, accessible and ready to act. And while our rates are competitive, our clients receive white glove service from a senior level attorney — every time.
Attorneys in this area
Lea C. Dearing
Benjamin I. Fink
Daniel H. Park
William J. Piercy
Katherine M. Silverman
Charles H. Van Horn
Neal F. Weinrich
Kenneth N. Winkler
Jeremy L. Kahn
Ashley M. Bowcott
Olivia B. Landrum
Lydia M. Hilton
Alan E. Lubel
Financial institution prevails at arbitration
A financial institution’s loss prevention policies were flagged as irregular proceeds from the EIDL program (part of the CARES Act legislation). The account holder sued the financial institution, claiming its business suffered a six-figure loss from the funds being frozen. BFV Attorneys Charles Van Horn and Carson Modrall successfully tried the case at arbitration, resulting in a complete defense ruling of the financial institution.Attorneys involved in this case: Charles H. Van Horn, Carson Modrall
Former employee relinquishes claim to ownership interest in gym franchise
Berman Fink Van Horn attorney, Neal Weinrich, successfully defended a gym franchise in a lawsuit where a former employee claimed he had an ownership interest in the gym. BFV secured a settlement where the former employee fully waived and relinquished any claim he had.Attorneys involved in this case: Neal F. Weinrich
Business owner saves nearly $250,000 in claim from institutional lender
An institutional lender took action against our client, a business owner, on a promissory note and loan guarantees. Faced with a very difficult situation, Berman Fink Van Horn was successful in defeating the claim of almost $300,000 in attorney fees (a percentage of the debt) and instead limited the lender to recovering only its actual fees incurred, closer to $40,000. In the end, this saved the client close to $250,000.Attorneys involved in this case: Lydia M. Hilton, Alan E. Lubel
Settlement with former bookkeeper makes client 100% whole
Berman Fink Van Horn attorneys Neal Weinrich and Daniel Park represented a digital marketing company that discovered its bookkeeper had been embezzling monies from the company for a significant period of time. Neal and Daniel were able to quickly negotiate a settlement for the company to obtain a full recovery of the stolen funds.Attorneys involved in this case: Neal F. Weinrich, Daniel H. Park
Construction client receives favorable settlement from general contractor
Berman Fink Van Horn attorneys apply the same winning approach to our pro bono cases as our business clients. Through the Atlanta Volunteer Lawyers Foundation, Neal Weinrich represented a gentleman that was hired by a general contractor to assist with repairing and painting a home. The general contractor refused to pay the client and Neal successfully obtained a judgment in his client’s favor. However, the story did not end there. The general contractor refused to voluntarily pay the judgment and attempted unsuccessfully to appeal. In the end, Neal secured his client a favorable settlement and BFV had another happy client.Attorneys involved in this case: Alan E. Lubel, Benjamin I. Fink
Seller of architectural firm turns to BFV for successful defense
Berman Fink Van Horn’s Neal Weinrich represented the owner and founder of an architectural firm. In anticipation of retiring in a few years, our client sold his practice to a local engineering firm. Following the sale, disputes arose regarding financial information that was supplied to the buyer during the due diligence process. The buyer claimed that he was entitled to recoup 85% of the purchase price that was paid for the architectural firm. Following a three-day hearing, the arbitrator entered an award that was highly favorable and a win for our client. Subsequently, the buyer attempted to challenge the award, which Berman Fink Van Horn also defeated.Attorneys involved in this case: Neal F. Weinrich
Employee benefits company VP: “I have been absolutely impressed with every facet of this process”
Client Testimonial (from e-mail sent to Neal Weinrich):
[We received] the news early this afternoon. I am absolutely thrilled at the result. Both of you (and your team) are THE BOMB! I promised Ben I would send a great note of commendation to [our] management team, and I am copying them on this note back to you. I have been absolutely impressed with every facet of this process, from my first meeting with you, the structure and process of defense, the detail and preparation your team provided for all of us, and finally the results that you delivered. The work both of you did was some of the finest legal work I have ever seen. I will be recommending the two of you for years to come!
While I am happy to have my week back (and I badly needed it for work purposes), I would have been more than happy to be at every day of the trial if needed to assist my colleagues and your team.
Great job guys. I hope I have the privilege of working with you in the future in some capacity.
All the best!
Vice President, an employee benefits companyAttorneys involved in this case: Benjamin I. Fink, Neal F. Weinrich
Court grants summary judgment in favor of BFV client on all counts
Berman Fink Van Horn attorneys Kenneth N. Winkler and Daniel H. Park successfully represented two individuals and a corporation in a lawsuit alleging trade secret theft and a myriad of other claims, including breach of contract, tortious interference with contract, breach of fiduciary duty, violations of the federal Computer Fraud and Abuse Act, attorney’s fees, costs and exemplary damages. After extensive discovery and motion practice, attorneys at Berman Fink Van Horn demonstrated successfully that the former employer could not show use or disclose any trade secrets or that it had a protectable trade secret. The Court granted summary judgment in favor of the employees on all counts.Attorneys involved in this case: Daniel H. Park, Kenneth N. Winkler
Successful negotiations allow franchisee to focus on more productive ventures
A franchisee client was asked by the franchisor to take over a failing franchise location. Our client did so for a brief period, but eventually abandoned the effort when it was unable to agree upon an acceptable monthly rental rate with the location’s landlord. The landlord then sued our client, seeking the more than $100,000 in back rent due from the prior franchisee tenant. In the end, Berman Fink Van Horn’s Bill Piercy negotiated a token four figure settlement payment, thereby allowing our client to return his focus to more productive ventures.Attorneys involved in this case: William J. Piercy
Client wins entirety before even going to trial
Before the case even went to trial, Berman Fink Van Horn’s Bill Piercy won a summary judgment, awarding his client the entirety of the fee sought under an exclusive agency agreement. In addition, his client was awarded pre-judgment interest and more than $30,000 in attorney’s fees. This proved to be another successful day at Berman Fink Van Horn.Attorneys involved in this case: William J. Piercy
Distribution company avoids liability – and (extended) attorneys’ fees
We represented a distribution and shipping company that imports and transports goods manufactured in China. When a dispute arose between a purchaser of goods and a Chinese manufacturer, our client, the distribution company, was brought into the lawsuit. The purchaser of goods filed a lawsuit against the Chinese manufacturer and our distribution company client. Berman Fink Van Horn attorneys swiftly obtained a dismissal of our client at the emergency injunction hearing, thereby avoiding possible liability in excess of $150,000 and attorneys’ fees if it remained a party for an extended period.Attorneys involved in this case: Charles H. Van Horn
National surgical company disputes compensation agreement, wins $1.4 million in damages, fees
Our client, a national vascular surgical company, opened a vascular surgical center in Georgia and signed an agreement with a medical practice to allow them to perform procedures at the surgical center. Eventually, a dispute arose over the medical practice’s compensation under the agreement. Berman Fink Van Horn attorney’s filed a lawsuit against the medical practice. After a trial in state court in Georgia, we won a verdict for more than $1.275 million (all of the client’s damages) and more than $125,000 in attorneys’ fees.Attorneys involved in this case: Charles H. Van Horn