Technology has evolved rapidly over the past few decades, and businesses generally must embrace technological advances and employ information technology (IT) services to succeed. This can lead to various disputes, and unfortunately, some disagreements cannot be resolved without intervention from the courts. Technology litigation is complex, and an adverse verdict can result in significant losses. As such, it is critical for anyone who wishes to file a lawsuit or who recently received papers related to a dispute involving technology to speak to an attorney as soon as possible. The dedicated Atlanta business litigation attorneys of Poole Huffman are adept at handling a variety of claims, and if you retain our services, we will work diligently to help you seek a favorable result. We regularly represent parties in litigation matters metro Atlanta, Decatur, and throughout Georgia.Claims Asserted in Technology Litigation
Numerous actions in the tech industry, can result in disagreements that ultimately require litigation. Scenarios that commonly lead to legal action include the execution of software development and implementation contracts, development and licensing of intellectual property, operation or dissolution of technology companies, and use or acceptance of cryptocurrency.
For example, if a business hires an IT company to integrate software into the business’s workflow and the implementation fails, it may result in a breach of contract claim. Similarly, if a party is hired to develop a website, software, or application for a company and does not comply with the contract terms, it might also lead to allegations that the developer breached the contract. Some breach of contract claims arise out of a party’s failure to abide by the terms of a licensing agreement for software, trademarks, copyrights, and patents.
Generally, to recover on a breach of contract claim in Georgia, a plaintiff must first demonstrate the existence of a valid contract between the parties. Notably, a contract may be written or oral. The plaintiff then has to prove that it performed under the agreement or tendered a performance, but the defendant breached a material term. Finally, the plaintiff must establish damages resulting from the breach.
Lawsuits also often arise out of extra-contractual duties, such as those imposed on shareholders of a technology company. Generally, co-owners, shareholders, and corporate officers owe each other fiduciary duties, and if they breach those duties, they can be held accountable. The duties owed will depend on the nature of the company, but generally, fiduciaries have a duty of loyalty and a duty of care. The duty of care is the obligation to use sound judgment when making decisions on behalf of the company, and the duty of loyalty requires a party to act in a manner that is in the best interest of the company, even if it conflicts with the fiduciary’s interests. If a party breaches a fiduciary duty and damages arise out of the breach, the party may be deemed liable.Damages Awarded in Technology Litigation Actions
The damages recoverable in technology litigation vary depending on the nature of the claims. Under Georgia law, a plaintiff that proves a defendant breached a contract generally can recover any damages that naturally arise from the breach. In other words, the plaintiff may be awarded compensatory and incidental damages that flow from the breach, any damages expressly provided for under the terms of the contract, attorneys fees, and costs. In some cases, monetary compensation will not be an adequate remedy, and the plaintiff will seek specific performance, which means it will ask the court to compel the defendant to comply with the contract.
The compensation awarded in matters arising out of the breach of a fiduciary duty is similar to those in breach of contract cases in that the plaintiff may be granted compensatory damages and attorneys’ fees. In some instances, punitive damages may be imposed as well.Meet With a Trusted Atlanta Technology Litigation Attorney
If you need assistance resolving a dispute related to technological goods or services, you should meet with an attorney as soon as possible. The trusted Atlanta business litigation lawyers of Poole Huffman possess the skills and experience needed to help you fight to protect your interests, and if you hire us, we will work tirelessly on your behalf. We frequently represent parties in cases in metro Atlanta, Decatur, and throughout Georgia. We also represent people in civil lawsuits in cities throughout DeKalb, Cobb, Fulton, and Gwinnett Counties. You can contact us at 404-373-4008 or via our form online to set up a confidential meeting.