Practice Areas

Business Disputes and Commercial Litigation

Disputes and conflicts arise often and distract businesses from fulfilling their mission and accomplishing their goals. Whether you have a simple misunderstandings or complex disputes requiring an aggressive and proactive response, protecting your business interests is important and critical to your success. We have helped individuals, small businesses and large corporations address a wide variety of business disputes, including breach of contract, breach of fiduciary duty, misrepresentation, deceptive trade practices and fraud.

Construction Defect Claims

An investment in property is often the most significant investment you or your business will make. Protecting that investment and having it perform in the manner in which it was intended is paramount. We help both homeowners and businesses when they face construction defect issues, including poor design, faulty construction and poor workmanship, defective products and materials, breach of warranty and abandonment of the project.

Insurance Claims

Insurance is intended to protect you when unexpected events and emergencies occur. Insurance companies are required by law to promptly investigate and pay your insurance claim reasonably and in good faith. Unfortunately, insurance companies often manipulate the language in their policies and the law to deny a claim, delay payment of benefits and to underpay claims. We represent policyholders in understanding their rights in an insurance dispute.

Contract Analysis and Negotiations

The devil is in the details! Contracts govern most business transactions and having your interests and goals protected upfront can save significant time and money down the road. Most transactions begin with everyone on the same page and excited to begin the new opportunity. On occasion, interests, memories and goals shift and the parties end up with a dispute over what was said, what was promised and how to resolve a conflict in the transaction. We have consulted and helped businesses and individuals in a wide range of endeavors evaluate contracts and terms and to help plan for those situations where conflict resolution is the goal over spending time and money litigating a dispute in arbitration or a court of law.

Insurance Contract/Policy Analysis

You planned correctly and bought insurance to cover your losses when disaster strikes, right? When you look to the insurance company to help as they promised, you find out that the policy has an exclusion or exception to coverage and are left in the cold and holding the bag. Insurance companies purposefully make policies vague, confusing, long and complex to avoid paying benefits when you need them the most. They’re no longer your trusted partner, they delay the process, put up hurdle after hurdle, underpay claims and deny coverage. We have helped many individuals and businesses evaluate their insurance policies before disaster strikes. We evaluate coverage afforded under insurance policies and whether the losses you hope to avoid are covered and your insurance needs are met. We understand policies, how they are interpreted under the law and the process you can expect when that disaster strikes.

Risk Management and Transfer Analysis

Whether managing risk, accepting or transferring risk or procuring insurance to cover risks, having set goals and parameters and adding certainty to a transaction is critically important. Understanding and mitigating the risks upfront are important to the success of any endeavor. We have negotiated these risks and have litigated disputes over the transfer of risk in a wide range of instances and understand how to navigate through the complexities of transactions.

Sales Representatives and Agents

Independent sales representatives, agents, brokers, manufacturer representatives and those who market products and services for others often find themselves unable to collect payment for work and services provided; seeking unpaid commissions for completed sales or transactions and in disputes over how much their pay or commission should be. Most states have enacted laws and regulations to protect sales representatives. We have helped sales representatives in understanding laws and regulations and whether they impact written sales agreements, commission rates, territories, and arbitration of claims and disputes.

Personal Injury

The Baine Firm has many years of experience defending and prosecuting personal injury cases. Some examples include: representation of hospitals, doctors and other health care organizations in defending medical malpractice claims; representing patients or their families in asserting medical malpractice claims; defending trucking companies in personal injury claims; asserting claims on behalf of individuals injured in auto accident cases and representing individuals and families involved in oil field injury cases.

We have the experience to evaluate personal injury cases, retain and work with experts necessary for the specific issues in the case and present the case to a jury.

 

The Baine Firm, P.C.
16018 Via Shavano, Suite 102
San Antonio, TX 78249
T: 210-224-8797
F: 210-227-8750

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