Numerous categories of experience are encompassed within Baddley, Mauro & Yates’ business litigation practice, including:
- Automobile distribution
- Business torts
- Class actions
- Commercial fraud
- Consumer financial services
- Contract disputes
- Shareholder and corporate governance
- Director and officer liability
- Lender liability
- Trade secrets
The firm has represented clients in high-stakes litigation between corporate entities, and has served as lead counsel in large shareholder actions, as well as class actions. Because many business disputes require resolution before arbitral forums, the firm has experience representing clients before arbitration panels administered by AAA, JAMS, National Arbitration Forum, and the National Association of Securities Dealers, and is familiar with the rules and procedures unique to each.
Our lawyers’ work and perseverance leads to exceptional results for our clients, including creative solutions to legal problems through strategies designed to meet and exceed client objectives. We deliver personalized attention from the start to finish of your case because your satisfaction is important.
CORPORATE GOVERNANCE AND SHAREHOLDER LITIGATION
Baddley, Mauro & Yates has extensive experience in shareholder derivative litigation, representing shareholders of both public and closely-held corporations challenging corporate malfeasance committed by officers and directors. The firm regularly litigates claims resulting from gross mismanagement, corporate control issues, mergers, shareholder oppression, shareholder appraisal rights, contract disputes, employment agreements, and insurance coverage disputes. We also represent partnerships, partners, and sole proprietors in similar types of litigation, as well as dissolution.
Baddley, Mauro & Yates has experience in the areas of securities, shareholder, class action, and complex financial litigation. Our firm has successfully litigated securities matters in state and federal courts, as well as in arbitrations before FINRA, AAA, and the NASD.
We have experience representing individuals in securities-related claims, as well as representing registered broker representatives. The firm has recently represented a registered representative in Florida regarding agent complaints by the broker/dealer in an arbitration with claims in excess of $2 million.
In the retail brokerage area, our firm has represented public customers and registered representatives in litigation and arbitration spanning all areas of securities laws. Such cases not only include actions involving financial brokers, but also include employment claims on behalf of registered brokers.
We specialize in investor claims against brokers and broker dealers who have committed fraud or have otherwise invested a client’s money in an unethical or improper manner. Many cases involve claims where a broker has improperly invested in securities without client authorization or where stocks were purchased or maintained on behalf of a client at a risk level exceeding the risk tolerance agreed to by the client in the brokerage agreement.
Baddley, Mauro & Yates is experienced in representing individual and multi-unit franchisees in litigation in a variety of industries. The firm’s franchise clients range from start-up companies to large, established multi-unit franchises and cover a variety of industries including restaurants, automobile dealers, retail stores, and other commercial and consumer-based service.
Baddley, Mauro & Yates’ franchise litigation experience includes:
- Litigating franchisee claims against franchisor to recover fees and liquidated damages, and remedy franchise terminations;
- Litigating franchise claims, including wrongful termination, breach of franchise agreement obligations, fraud, franchise disclosure violations, violations of state franchise laws, and unfair and deceptive trade practices;
- Representing motor vehicle dealers in civil litigation against competing dealers, as well as manufacturers, under state motor vehicle dealer statutes.
Our firm has successfully represented dealers in claims against manufacturers regarding the allocation of product, violations of area development agreements, and other issues concerning violations of both state and federal dealer franchise laws.
Individual consumers and businesses alike are routinely subjected to unfair or unequal treatment in the financial services industry. As a result, Baddley, Mauro & Yates regularly represents individual and business clients in litigation involving financial service institutions, including national and state banks, credit unions, state and federally chartered mortgage lenders, loan servicers, consumer lenders, automobile lenders, credit card issuers, and insurance companies.
Baddley, Mauro & Yates currently represents a variety of clients in claims asserted as class actions, individual consumer suits, counterclaims to foreclosure actions, and arbitration proceedings.
INSURANCE LITIGATION AND COVERAGE
Our firm has knowledge and experience concerning many types of insurance products, including commercial general liability, directors and officers, professional liability and excess and umbrella. We maintain an active and multi-faceted insurance law practice, handling a wide variety of insurance matters, including direct actions against insurance companies and other coverage matters. Many cases focus on the interpretation of policy clauses and exclusions, layers of coverage, and claims of bad faith on behalf of the insurance company. We have considerable experience bringing suit alleging misrepresentation and other wrongdoing on the part of company agents.
Disputes frequently arise regarding whether a particular event, loss, or circumstance triggers insurance coverage or requires the insurance company to act on your behalf in accordance with the policy. Insurance companies are notorious for treating customers unfairly, which sometimes includes engaging in policy sales and claims-handing practices that are illegal. Such practices may include a failure to properly investigate a claim as to liability and damages; failure to fairly and reasonably evaluate facts of liability; failure to offer settlement within a reasonable time after investigation; misrepresentation of the policy; non-disclosure of information; unwarranted disputes concerning value of loss; and creating excuses to delay payment of policy benefits.
If you have been treated unfairly, or believe your claim has been denied when there should have been coverage, please contact our office for a cost-free evaluation of your claim and to advise you on available remedies.
Baddley, Mauro & Yates has substantial experience litigating both residential and commercial construction defect cases. Our firm focuses on all aspects of construction litigation and construction defects, including expertise regarding attendant insurance coverage issues based upon a general contractor or subcontractor’s defective construction.
We fully recognize that a home typically represents the homeowner’s single most valuable financial investment, as well as an important emotional expenditure. Our firm is knowledgeable in addressing a wide range of construction defect issues including design defects, substandard workmanship, building material failures, geotechnical problems, and related insurance disputes. Our firm has also been involved in litigation regarding defective synthetic stucco and defective Chinese drywall, as well as disputes regarding large scale commercial projects.
Our firm handles a wide range of construction defect issues, including:
- Defective or negligent construction
- Use or installation of defective building materials
- Defective or improper installation of windows
- Defective or improper installation of roofs
- Defective foundations
- Water intrusion
If you own a home or commercial property and suspect your home suffers from faulty or defective construction, we have the experience and expertise to help.
BUSINESS & PARTNERSHIP LITIGATION/DISPUTES
In today’s business environment, disputes over banking, commercial contracts, shareholder matters, and fiduciary obligations are commonplace. The attorneys at Baddley & Mauro have years of trial experience in business litigation, involving a wide variety of business disputes, including contract disputes, fraud and misrepresentation, trade secret misappropriation, and breach of fiduciary duty.
Our cases typically involve multiple adversaries in federal and state courts, and the firm has the experience and resources to deal with complex business litigation disputes.
FIDUCIARY, TRUST & ESTATE LITIGATION
The firm has an active fiduciary litigation practice which focuses upon claims regarding trust mismanagement, as well as breach of fiduciary against individual and corporate trustees.
Clients involved in disputes concerning wills, trusts, fiduciaries, and charitable gifts require sophisticated legal counsel who understand the complex emotional and personal implications for the individuals involved. Baddley, Mauro & Yates has significant experience litigating trust and estate claims on behalf of beneficiaries in both circuit and probate court.
Disputes frequently arise when a fiduciary, often times referred to as a personal representative or trustee, fails to act appropriately in carrying out a loved one’s testamentary intent. Fiduciaries are required to act in good faith with respect to all beneficiaries under the terms of a will or trust, but will often times mismanage assets to the detriment of the beneficiary. Our attorneys have successfully recovered millions in misspent money from executors and trustees for the benefit of our clients.
Our lawyers team with appropriate tax and accounting experts to provide our clients with a full range of advice throughout the litigation process.
DATA BREACH LITIGATION
Data breach litigation has become an emerging area of the law due to the universal practice of businesses storing private customer information in digital form. Businesses are required to adhere to strict federal and state standards, but unfortunately are often unwilling or unable to adequately protect your information. Baddley, Mauro & Yates represents clients in claims to recover for damages resulting from your personal and private data being stolen and/or released to the public.
Data related challenges are increasing in prominence and importance as the number of cyber-attacks continue to rise. The lawyers at Baddley, Mauro & Yates have the expertise to litigate data breach claims. The firm is currently litigating a national class action involving a corporate data breach against a foreign business.
In today’s business environment, the outcome of a contract dispute can impact the survival of a company or business entity, as well an individual’s investment or bargain. Our firm routinely litigates contract disputes in a wide variety of fields, including:
- Supplies and suppliers, including quality of goods and timeliness of delivery
- Franchise disputes
- Shareholder disputes
- Partnerships and LLCs
- Employment matters
- Non-solicitation and non-competition
- Commercial notes
- Bank and brokerage customer
It is not uncommon from two parties to read a contract, and thereby interpret their respective obligations, differently. Contract law requires that one begin with the plain language of the contract and then apply a series of technical rules of construction. Our attorneys are adept in utilizing these rules to the advantage of our clients, and in furtherance of either negotiating resolutions or litigating the matter through trial.
CLASS ACTION LITIGATION
Class actions can take the form of almost any dispute, including consumer fraud, securities fraud, unfair and deceptive trade practices, false advertising claims, employment issues or even boilerplate contract claims. The class action process allows the grouping of hundreds, if not thousands, of individuals whose claims are commonly situated to seek judicial relief. The action is brought by a few individuals who fight for those who have suffered similar injuries. Class action lawsuits have become the great equalizer in litigating against large, well-capitalized corporations, and allow individuals to seek meaningful redress against corporate wrongdoers.
The lawyers at Baddley, Mauro & Yates are experienced in handling class action lawsuits, and prosecute each action with the goal of maximizing the rights of our clients. To contact one of our class action attorneys, contact us at 205-939-0090 or email@example.com for a free consultation.
Baddley, Mauro & Yates maintains an active appellate law practice involving issues of significance to our clients and, often, matters of public policy. The firm has extensive experience in all areas of appellate litigation, from interlocutory issues that arise during the course of litigation to all aspects of post-trial activity.
A case on appeal presents substantially different standards and issues than those presented at the trial level. Our attorneys have extensive experience in prosecuting and responding to appeals following trial judgments, and are skilled in identifying “mistakes of law” and carefully formulating the issues to provide the client with the best opportunity for success.
The firm routinely handles appeals on matters that we originally litigated, and also briefs and argues matters handled at the trial court by other counsel. In such matters, we are able to provide a new and objective perspective to the case.
We have successfully briefed and argued appeals in the appellate courts of the State of Alabama, the U.S. Court of Appeals for the Eleventh Circuit, surrounding Circuit Courts of Appeal, as well as the United States Supreme Court.