Breach of Contract Lawyers — Global Legal Law Firm
Manage contract disputes with the best contract attorneys in the business.
When a business associate breaks your agreement, the breach of contract often has significant consequences for your business and theirs. To make sure your rights are upheld, it’s essential to get the right lawyers to represent you in breach of contract litigation.
Global Legal Law Firm has the expertise in your niche industry and has the knowledge necessary to represent your interests in litigation.
Whether you want to take action in response to a breach or defend yourself against a lawsuit, we can help.
Our extensive experience in litigation, contract review, and complex legal cases makes our firm’s attorneys the best advocates for your business.
Our breach of contract lawyers have experience with merchant processing agreement and complex litigation involving Fintech players across the payments industry and beyond.
Lawyers at Global Legal Law Firm have in-depth knowledge of industry contracts. They understand not only the letter of the law but also how courts have decided past disputes. Our attorneys use this knowledge of the fine details to execute litigation strategy with precision.
Representation for Complex Breach of Contract Litigation
At Global Legal Law Firm, our team maintains an active contract review practice. Our contract dispute attorneys know the unique clauses in payment processing contracts and how best to fight for the outcome that favors our client.
As a business operating in the electronic payments space, it’s vital for you to work with attorneys with this knowledge, something general practice business attorneys rarely have.
$8 Million Breach of Contract Case Win
In our recent court victory, we secured our client an $8 million jury award, including $3 million in punitive damages. This is just one example of our firm’s capacity to advocate for clients in the payments space in high-stakes, complicated legal cases.
Contractual Breach Types
While failing to uphold an agreement is at the heart of breach of contract litigation, it’s important to remember the different types of breaches, each with distinct legal consequences.
Material Breach
This type of breach goes to the core of the contract’s purpose. If you sue for a material breach, you might ask for money and termination of the entire contract.
Immaterial Breach
This type of breach violates the contract, but typically is not so severe as to result in dissolution of the contract. You might ask for money or for the other party to fulfill the obligation they had previously failed to.
In a niche area like electronic payments litigation, what makes a material or immaterial breach can be a matter of dispute. General business attorneys and judges might not have the industry knowledge to categorize breaches in the same way you might as a business owner. That’s why it’s vital to work with attorneys like those at Global Legal Law Firm, who know this industry and its norms inside and out.
Common Issues in Payment Industry Contract Disputes
Players in the electronic payments industry can often safeguard against contract disputes, or contracts drafted in the other party’s favor, if they work with an attorney for contract review before signing. Sometimes, disputes still arise over some important clauses.
This list is nonexhaustive. There are numerous potential sources of contract disputes in payment processing. Working with Global Legal Law Firm, you will have access to a team of lawyers who know this industry and its unique legal aspects.
If you want to learn more about how Global Legal can help you, please reach out for a consultation. Although based in California, we have a network of lawyers nationwide who might be able to provide assistance.
Residuals and termination:
A merchant services agreement specifies the residual collected by the sales agent from the ISO. This covers items like equipment fees and business sales. These fees can become complex, especially if the contractual language is ambiguous.
Revenue and ownership:
Another aspect of a merchant services agreement is whether revenue is shared with an ISO. If it is not, prices might increase on the merchant, exposing them to potentially unexpected higher costs. If the language is ambiguous or the parties lack a shared understanding, this can leave a large opening for dispute. The parties might also have a disagreement over equipment ownership at the end of a term or contract.
Dispute clauses:
A typical agreement also has a clause that says how and where a contract dispute will be conducted. Some agreements mandate arbitration instead of jury trials. They might also specify a location favorable to one party over the other. Occasionally, a dispute can arise over these types of clauses.
Breach of Contract Disputes: FAQs
How do I sue for breach of contract?
When you sue for breach of contract, you are saying the other side has not done what it was supposed to under the terms of your agreement.
In general, you have to file a lawsuit within a certain period, which is called the statute of limitations. You also have to follow the terms of the contract about what happens if there is a breach. The contract might mandate arbitration or assign a geographic location where the lawsuit must be filed.
Because you usually only have one chance to sue for a breach, discussing your case with a breach of contract attorney is important before taking any formal legal steps.
How do I win a breach of contract case?
To win a breach of contract case, you must provide evidence that the breach happened. You will also need to show you suffered some loss because of the breach.
Importantly, the person or business you are suing might also have a defense. Examples of defenses may be that your actions caused the other party to be in breach or that there was no breach at all.
So even if there was a breach and you suffered losses, it is still possible to lose the case. By working with a breach of contract attorney, you have the benefit of a trained legal professional who understands these defenses and can develop a solid litigation strategy.
What is the legal remedy for a breach of contract?
Generally, the law follows the idea of “getting the benefit of the bargain.” This puts you back into the situation you would have been in if the breach had not happened. You can generally claim the money you lost due to the breach.
If the terms of the breach involve something unique, the court might order specific performance. This mandates that the losing party perform the obligation. A court might also agree to rescission, where the contract is terminated. This can occur when the breach is so severe it undermines the entire contract.
There are other damages you might be entitled to. For example, the terms of your contract might allow you to claim attorney’s fees and costs from the other party if you win the suit.
You might also get punitive damages in the case of exceptionally reprehensible conduct by the other party. In October 2024, Global Legal Law Firm secured an $8 million judgment for a client, of which $3 million was punitive damages.