Sioux Falls Business Litigation Attorney

When a business dispute arises, a trusted Sioux Falls business dispute lawyer can provide invaluable legal support that can help protect financial interests and reduce the potential for loss. Business disputes are inevitable and can often result in serious financial and operational impacts. OMQ has decades of experience representing clients in commercial and contract litigation. While many business litigation cases never go to trial, the attorneys at OMQ have substantial experience trying these cases to judges and juries. 

If you are facing any type of business dispute and are seeking trusted, experienced legal representation, call OMQ Legal today to see how one of our business dispute attorneys can help resolve your case. 

Common Types of Business Disputes

Contract Breaches and Disputes

A detailed contract is necessary for outlining terms and conditions agreed upon by all parties involved and ensuring that each party acts accordingly by fulfilling its obligations in a business transaction. Breaches of contract are common in business disputes, whether a minor infraction or a major violation. A few examples of the breaches that our business dispute lawyers have handled include: 

Minor Breaches

A minor breach is considered a small deviation from the contract where a party fails to perform their obligations, though it does not significantly affect the terms of the agreement. A breach of contract may be considered minor if the term or condition violated is not crucial to the main focus of the contract and does not significantly harm or impact the other party’s expectations. It may also be considered minor if the at-fault party has substantially performed their contractual obligations with only small deviations from the contract. Breaches of contract are also minor if they are correctable and the damages are minimal. 

Material Breaches

A material breach may occur when a central term or condition of the contract has not been performed. This kind of breach often causes significant harm to other parties involved and can affect the overall outcome of the transaction. A material breach involves the at-fault party causing significant or irreparable damage and failing to perform a substantial part of their contractual obligations. In the event of a material breach, the non-breaching party may be able to terminate the contract, seek compensation for damages, and be excused from having to perform the remainder of the contract. 

Anticipatory Breaches

An anticipatory breach is when one party clearly indicates either verbally or in writing that they do not intend to fulfill their contractual obligations. These breaches often lead the non-breaching party to pursue legal action as opposed to waiting for the other party to not fulfill their duties. An anticipatory breach only pertains to ongoing obligations that are due at a future date, rather than deadlines that have already passed. Non-breaching parties may be permitted to terminate the contract, find alternative solutions, or wait for the offending party to perform their obligations. 

The business dispute lawyers at OMQ have experiences in many different types of contracts, including:

  • Asset purchase agreements
  • Mergers and acquisition agreements
  • Commercial leases
  • Commercial loans
  • Construction contracts
  • Employment contracts and non-compete agreements
  • Franchise agreements
  • Attorney fee agreements
  • Intellectual property licensing contracts
  • Oil and gas royalty contracts
  • Mineral leases
  • Corporate shareholder agreements
  • Partnership agreements
  • Limited liability company management agreements
  • Real estate contracts.

Contact breaches are unfortunately common in many business transactions. With the help of an experienced business dispute lawyer, it is possible to amicably and effectively resolve these disputes and maintain business continuity.

Partnership Disputes

When a disagreement or conflict arises between partners, whether it be about operation, management, or more, it often results in a partnership dispute. A business dispute lawyer can offer invaluable legal advice for your partnership. Some common types of partnership disputes include:

Breach of Partnership Agreement

When one partner fails to perform the obligations outlined in an agreement, it can be considered a breach of the partnership agreement. This can include conflicts about decision-making, profit sharing, or other specific obligations laid out in the contract. 

Financial Disputes

Disagreements over things like expense allocations, contributions, and all financial management-related conflicts can be considered a partnership dispute. 

Management Disagreements

Partners often have a difference in opinion about the business or partnership should be managed. It is common for partners to have disagreements about business decisions, strategies, operations, and more. 

Admission or Expulsion of Partners

Disputes about admitting new partners or expelling current partners, especially if there is no clear procedure outlined in the partnership agreement, are also common. 


Conflicts about the dissolution of a partnership may also arise. This can include disagreements like distribution of assets and liabilities and the settlement of accounts.

Admission or Expulsion of Partners: Disputes related to the process of admitting new partners or expelling existing ones, especially if there is no clear procedure outlined in the partnership agreement.

Valuation Disputes

When a partner leaves a partnership, or during buyouts and mergers, there are oftentimes disagreements over the valuation of partnership interests. 

Fiduciary Duty Violations

Partners owe fiduciary duties to each other, including duties of loyalty, care, and good faith. Disputes may occur if a partner is accused of self-dealing, competing with the partnership, or misusing partnership assets.

If you are facing any of the issues listed above, OMQ and our team of business dispute lawyers encourage you to contact us as soon as possible. Here are some further examples of fiduciary duties where a person or company is obligated to act in the best interests of others:

  • Business partners have fiduciary duties to each other.
  • An officer or director of a corporation has fiduciary duties to the company’s shareholders.
  • A majority owner of a company can have fiduciary duties to the minority owners.
  • A manager of a limited liability company can have fiduciary duties to the LLC’s members.
  • An employee can have fiduciary duties to their employer.
  • A lawyer has fiduciary duties to a client.
  • A trustee can have a fiduciary duty to the trust’s beneficiaries.
  • An agent can have a fiduciary duty to the principal.
  • A stockbroker or investment adviser can have a fiduciary duty to a client-investor.
  • An executor or personal representative of an estate has fiduciary duties to the decedent’s heirs.
  • A real estate broker may have fiduciary duties to the seller or buyer of real property.
  • The trustee of an ERISA plan has fiduciary duties to the beneficiaries of the plan.
  • Lenders may have fiduciary duties to borrowers.

Partnership disputes are commonly resolved through negotiation, mediation, arbitration and litigation. Whichever route makes the most sense during your partnership dispute, OMQ is prepared to offer assistance. Our team of Sioux Falls business dispute lawyers have successfully represented clients in hundreds of jury trials, bench trials and arbitrations involving a wide variety of business disputes. If you have been involved in a business dispute and are considering litigation, call OMQ Legal today to discuss your case and see how we may be able to provide you with unwavering legal support. 

Employment Disputes

An employee dispute is when a disagreement or conflict arises between an employer and their employee regarding the terms and conditions of their employment contract. A business dispute lawyer like those at OMQ may be able to provide valuable legal assistance to help avoid any potential disputes. Some of the most common employment disputes include:

Wrongful Termination

Terminations that are discriminatory, retaliatory, or violate employment laws are considered wrongful termination. If an employee alleges they were fired or treated differently due to their race, color, religion, sex, nationality, age, disability, or more, it may be considered discriminatory. 


Claims of harassment are common occurrences in the workplace. Any sort of inappropriate sexual or hostile conduct toward a colleague or subordinate is considered harassment.

Wage and Hour Disputes

Issues about payment, overtime compensation, meal/rest breaks, and other wage-related issues are common workplace disputes. Employers are required to comply with South Dakota labor laws.

Employers and employees may also run into issues related to contract breaches, misclassifications, family and medical leave violations, unemployment benefit disputes, and more. For any and all employment disputes, having a business dispute lawyer by your side to provide diligent legal support is encouraged. Many employment disputes are settled internally with an HR department, though mediation, arbitration, or litigation may be required. If that’s the case, do not hesitate to reach out to the qualified team of business dispute attorneys at OMQ. We have the experience and dedication required to guide you through the legal process with confidence.

Business Torts

A business tort is a wrongful act that causes business entities financial harm to their commercial interests. Business torts are serious disputes that can drastically impact a business’ operations, reputation, and profitability. For businesses facing torts, it is highly encouraged to consult with a commercial litigation attorney like those at OMQ. Our trusted team of business dispute lawyers are well prepared to defend your business against malicious claims or acts that threaten the well being of your business. Here are some of the most common types of business torts:

Fraud and Misrepresentation

Fraud is considered to be any intentional deception used to secure unlawful gain. Misrepresentation, which is a form of fraud, occurs when false statements are made that induce another party into a contract. Proving fraud can be difficult. It requires demonstrating that a business suffered damages as a direct result of the defendant intentionally and knowingly making false statements against them. For example, a business that has been defrauded through the use of false financial statements will be able to claim damages and is encouraged to seek the help of a business dispute lawyer. 

Tortious Interference

Tortious interference involves a third party disrupting an existing or potential business relationship. When determining whether a defendant has improperly interfered with a plaintiff’s business relationship, it is not necessary for the plaintiff to show that it actually formed a contract. Rather, the plaintiff must show that the defendant intentionally and improperly interfered with the plaintiff’s prospective business relationships, and thus prevented the plaintiff from forming the contract. This is most common when competitors spread false information to disrupt a relationship. 

Libel and Defamation

Defamation is defined as false statements aimed at another business with the intention of harming their reputation. A competitor or third party may target other businesses' products or services in hopes of dismaying their customer base from doing business with them. In libel and defamation cases, the plaintiff must prove that any damages suffered were a direct result of the false statements. 

Breach of Fiduciary Duty

As previously mentioned, a fiduciary duty is an obligation of one party to act in the best interest of another. When a breach of duty occurs, it can have serious consequences on a business. In order to hold a party accountable for a breach of fiduciary duty, the defendant must prove that the breach directly caused harm. A commercial litigation attorney can be helpful in proving that one party may not have acted in the best interest of the other and help to resolve any existing or potential disputes. 

Business torts can have a severe impact on a business’ reputation, profitability, and more. Whether you are facing a business tort, or are interested in preventing any future torts, the team of Sioux Falls business dispute lawyers at OMQ are able to provide legal guidance. Do not hesitate to reach out and protect your business from any potential interruptions. 

Useful Tips for Avoiding Business Disputes

How OMQ Can Help With Your Business Disputes

A business dispute lawyer will possess a deep understanding of the law and will be able to provide strong negotiation and litigation skills. The business dispute lawyers at OMQ have decades of experience handling business disputes inside and outside of the courtroom. We have a proven track record of successfully defending clients in trials and arbitrations. Our team at OMQ is well-versed in business litigation and may be able to help protect you and your business from any serious complications. If you are facing a business dispute in Sioux Falls, contact OMQ today to speak with one of our experienced business dispute lawyers about your case.

Frequently Asked Questions

What steps should I take if my business is facing a contract dispute?

If your business is facing a contract dispute, it’s crucial to gather all relevant documents and seek legal advice promptly. Our business dispute attorneys in Sioux Falls can help review the contract, advise on your legal position, and negotiate or litigate on your behalf to resolve the issue effectively.

How do business dispute attorneys handle cases involving business fraud?

Business dispute attorneys handle cases of business fraud by conducting thorough investigations, gathering evidence, and pursuing legal action against the fraudulent parties. In Sioux Falls, our legal team is skilled in uncovering fraudulent activities and protecting your business from financial losses and reputational damage.

What should I expect during the initial consultation with a business dispute lawyer?

During the initial consultation, our business dispute lawyers in Sioux Falls will discuss the specifics of your case, evaluate the legal options available, and outline a strategic plan to address the dispute. This consultation helps us understand your needs and how best we can support your business. Contact us to schedule a consultation.

Additional Information in Sioux Falls, South Dakota

  • SBA Blog - Protect Your Business from COVID-19 Loan Scams: The SBA provides crucial advice on how businesses can safeguard against scams targeting COVID-19 loan borrowers. The blog outlines common fraud tactics, offers practical tips to recognize and avoid scams, and emphasizes the importance of verifying information and staying informed.
  • Wage and Hour Issues: Business Fraud Prevention: The South Dakota Department of Labor and Regulation details wage and hour laws essential for preventing wage-related fraud. This includes minimum wage, overtime rules, and record-keeping to ensure compliance and protect against fraudulent practices.
  • ADR Best Practices for Managing Business Disputes: This report by the American Arbitration Association provides best practices for managing business disputes, with a focus on minimizing the impact of business fraud. It offers insights into effective dispute resolution strategies, emphasizing arbitration and mediation to handle conflicts efficiently.

Sioux Falls Business Litigation Attorney

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140 N. Phillips Ave. Suite 203
Sioux Falls, South Dakota 57104
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