Practice Areas

• Auto Accident
• Criminal Defense
• Will Contest

Business Litigation

Small Town Roots and Statewide Success Since 1948

 
What is business litigation?

Business litigation is the conduct of a lawsuit on behalf of a corporation, farm, partnership, business, or other entity. Attorneys practicing in the field of business litigation must be familiar with business law, a wide area of legal expertise that includes contracts, the formation of corporations and other business entities, collections, and intellectual property.

If you operate a business in Sioux Falls, SD and have a contract with a business in Mitchell, breach of that contract may require you to sue.

Often business litigation lawyers must deal with state and federal agencies, municipal governments, and regulatory bodies.

If you are a South Dakota insurance agent or company threatened with sanctions by the South Dakota Division of Insurance, a lawyer who practices in business litigation can help you defend your license and standing.

If you are a farmer or livestock feeder in Lake County, you may face zoning changes or loopholes that allow residential building to infringe on your water or land rights.


With offices in Sioux Falls and Parker, South Dakota, the attorneys of Zimmer, Duncan and Cole handle business litigation cases for small and large businesses, partnerships, farmers, and corporations.

When it has become necessary to... 

• Sue another business for unfair competition practices
• Confront a South Dakota municipality over territory or zoning
• Stand up to a bank to protect your business in disputes over loans, credit, fees, or foreclosures
• Stand up to business associations when they unfairly profit from your effort
• Defend yourself and your business from sanctions by regulatory or government agencies
• Enforce a contract  

It is often in the best interests of your business to obtain the advice and guidance of a lawyer, even if you decide not to take your case to court.

The firm of Zimmer, Duncan and Cole has an established reputation in South Dakota. Our fast, adaptable, approachable, and professional attorneys can provide sound advice in business-related disputes, and are willing to go to court and see the case through.


When should a South Dakota business consider bringing a lawsuit?

If you attempt to negotiate directly with the other party and see no resolution, mediation is often the next step. If a decision or agreement cannot be reached through a mediator, you have two options: arbitration or litigation. Arbitration can be simpler than litigation, but the decision of the arbitrator is final and cannot be appealed in court.

Litigation is generally a last resort, and the outcome of any lawsuit you pursue is extremely important to the future of your business. The success of your case partly depends upon the counsel you retain to try the case on behalf of your business.

If you are involved in a dispute and think that you may have to bring a lawsuit, you should document everything. Back up your position with records of transactions and conversations. Keep every document that could pertain to the lawsuit, and be ready to present concrete facts in support of your claims.


Learn more about your business and your legal rights in South Dakota by consulting publicly available resources including: 

• The South Dakota Department of Labor
• The Federal Trade Commission
• The South Dakota Supreme Court
• South Dakota's trade regulation statutes 

At Zimmer, Duncan and Cole, your business lawsuit will receive small-firm attention and big-firm results: we care about our clients, and we win cases.


If a bank, local municipality, regulatory agency, or another business...

• Has interfered with your South Dakota business or with your ability to run your business
• Is engaged in an unresolved dispute with your South Dakota business
• Has failed to perform as promised in regard to your South Dakota business

Please call [1-877-336-1650, 605 361-9840, or 605 297-4446] or fill out our online contact form for a free consultation.  You can also request our Free Reports for information you can use to help you decide if you need an attorney's help. 


Zimmer, Duncan and Cole is located in Sioux Falls and Parker, and serves all of South Dakota including the following counties, cities and towns:

Minnehaha County: Sioux Falls, Brandon, Dell Rapids, Hartford, Garretson, Crooks, Baltic, Valley Springs, Colton, Humboldt, Sherman, Corson. Lincoln County: Canton, Beresford, Lennox, Hudson, Harrisburg, Fairview, Worthing, Shindler, Tea, Moe, Norway Center. Turner County: Parker, Chancellor, Centerville, Hurley, Davis, Viborg, Dolton, Irene, Marion, Monroe. McCook County: Salem, Bridgewater, Spencer, Unityville, Canistota. Lake County: Madison, Chester, Winfred, Franklin, Nunda, Ramona, Wentworth. Moody County: Colman, Egan, Trent, Ward. Brookings County: Brookings, Arlington, Volga, Elkton, White, Aurora, Bruce. Davison County: Mitchell, Ethan, Loomis, Mount Vernon. Beadle County: Huron, Wolsey, Iriquois, Cavour, Hitchock. Hutchinson County: Parkston, Freeman, Menno, Tripp. Union County: North Sioux City, Beresford, Elk Point, Alcester, Jefferson. Bon Homme County: Tyndall, Scotland, Springfield, Avon, Tabor. Yankton County: Yankton, Volin, Gayville, Mission Hill, Lesterville. Spink County: Redfield. Hughes County: Pierre. Stanley County: Fort Pierre.

Blog for Business Litigation

• "But it's not in writing...."
• Contractors Beware! Careless Mistakes Can Cost You Your Mechanic's Lien
• An Ounce of Prevention....

Library for Business Litigation:

• UNDERSTAND THE BASICS ABOUT THE EVICTION PROCESS   
  Description: EVICTIONS: AG COMMERCIAL RESIDENTIAL REAL ESTATE DISPUTES

View All

Case Results for Business Litigation:

• Midstates Acceptance Corp. v. Gartner Transportation, Inc., and Richard Gartner

Awarded: $284,980

• CITY OF TEA, a South Dakota Municipality, and CITY OF SIOUX FALLS, a South Dakota Municipality v. LINCOLN COUNTY RURAL WATER SYSTEM, INC., a South Dakota corporation United States District Court

Awarded: Successfully Settled

• B-Y WATER DISTRICT, a South Dakota Water User District v. CITY OF YANKTON, a South Dakota Municipality United States District Court

Awarded: $100,000