BUSINESS LITIGATION IN SOUTH FLORIDA
The Florida business law attorneys at Di Pietro Partners regularly represent clients in matters of complex business litigation. Several of these matters include, but are not limited to: enforcement of non-compete clauses, general litigation, breach of fiduciary duty, substantive law issues, professional liability cases, financial and investment litigation, commercial torts, securities fraud, Racketeer Influenced and Corrupt Organizations Act (RICO) violations, and many other statutory causes of action.
If you or someone you know would like to file a lawsuit against a company, or your business is facing litigation from another party, call our experienced lawyers for a free case review today. 1.800.712.8462
Experienced Business & Commercial Litigation Lawyers
Effective Florida litigation requires extensive research and preparation to ensure the best possible representation of our clients and the best possible resolution of litigation matters. Di Pietro Partners are AV Preeminent® rated trial lawyers with years of court experience. This experience includes representing individuals and businesses in a variety of business related matters in State and Federal Courts. Our Law Firm prides itself on being large enough to handle complex cases, yet, small enough to provide personalized service. Therefore, when working with our firm, you get a prestigious team of dedicated and experienced trial attorneys fighting for you.
Florida’s commercial litigation law covers a wide variety of business, corporate, and commercial litigation issues that can affect your business in a wide range of circumstances. Commercial litigation can range from property and land disputes to contractual disputes. Di Pietro Partners is very familiar with the process of commercial disputes in federal, state, and local jurisdictions and the varying business and corporate laws.
Di Pietro Partners handles all types of commercial and business litigation cases including, but not limited to:
Breach of contract – We have experience in successfully representing both sides in breach of contract cases. In other words, our litigation lawyers can defend your company against contract breach claims as well as fight for your rights in litigation.
Non-compete agreements – In Florida, non-compete agreements are enforceable. This includes issues involving trade secrets, proprietary information, restrictive covenants, etc.
Fraud claims – We represent businesses in fraud cases. This includes false accusations that are harmful toward a company’s reputation.
Breach of fiduciary duty – This involves obligation to act in the best interest of another party. (i.e a corporate board member has a fiduciary duty to shareholders of the company.)
Interference with contractual relations – This is also known as intentional interference or “tortious interference” claims.
Loss of business opportunities – Under Florida law, to be entitled to recover lost profits, two things must be proven: (Defendant’s) actions caused (claimant) to lose profits; and (Claimant) can establish the amount of their lost profits with reasonable certainty. (Florida Supreme Court, Section 504.3)
Shareholder disputes – This includes: derivative actions, shareholder oppressive conduct, disputes among majority vs minority shareholders, etc.
Purchase and sale agreements – Disputes over sale & purchase agreements can often be complicated. Various terms and provisions of the agreement/contract may be involved in the dispute.
When You Should Hire An Attorney
Business litigation involves either a legal dispute between two companies, or a legal dispute between an individual and a company. In cases where there’s a valid legal dispute regarding a business agreement or transaction, an attorney is absolutely necessary. With that said, not every business disagreement or inconvenience are grounds for a lawsuit. Below are some examples of when you should hire a lawyer for business litigation.
Your Company Is Being Sued – As a business owner, one of the most frightening experiences is being served with a lawsuit. This experience is intimidating regardless of the merits of the case. It is particularly daunting if you have a small company and do not have an internal legal department. It’s important not only to hire a lawyer, but to hire one that specializes in business litigation to defend the interests of your company.
Breach of Contract – When a contract is breached, and significant damages occur as a result of a breach, you may very well be entitled to compensation. Cases involving contract breaches are highly complex and have many legal elements. As a result, it’s necessary to consult with an attorney specializing in contracts when pursuing a claim, or defending yourself against one.
Non-Compete Agreements – In Florida, non-compete agreements can be enforced as long as they’re reasonable in protecting a legitimate business interest of the company. Certain factors involved in determining the legitimacy of a non-compete agreement may include: geographic location, length of time, and whether or not an employee has used the interests of the company to obtain an unfair advantage and/or caused damage to the business. Determining these factors are where an attorney comes into play. If you believe an employee legitimately breached a non-compete agreement, or you’re on the “other side,” and believe you’re being wrongfully sued for this reason, consulting with legal counsel is absolutely necessary.
Business Interference (Tortious Interference) – This has a significant amount of overlap with the aforementioned “non-compete agreement.” Business Interference, also known as Interference with Business Relations, or Tortious Interference occurs when one party intentionally acts in a manner which interferes with an existing business relationship, or potential business relationship. In other words, if there’s an existing/potential business relationship between two parties, and a third-party purposely sabotages it, someone may be entitled to compensation for damages resulting from the actions of the third-party. Needless to say, an attorney is needed for enforcing or defending against this claim.
Shareholder Disputes – There are several causes of shareholder disputes. For instance, minority shareholders of a company’s stock may feel undermined by majority shareholders. Moreover, majority shareholders may take advantage of the situation by keeping minority shareholders out of decisions, not issuing them dividends, tying up their investments, etc. It’s important to note, many States recognize this issue and have laws to protect minority shareholders. Therefore, consulting with an business litigation attorney that’s experienced in corporate law is essential for handling your claim whether you’re filing the claim, or defending yourself against one.
Shareholder Derivative Actions – A shareholder derivative suit is brought by a company shareholder on behalf of their corporation against a third party.
When You Shouldn’t Hire An Attorney
When someone feels they were “wronged” by a business, especially a large corporation, sometimes the word “lawsuit” immediately comes to mind. While the actions of a company might be morally wrong, this does not always mean they’re legally accountable; furthermore, certain disputes may cause more trouble than they’re worth (literally and figuratively speaking). Below are instances where filing a lawsuit against a business is a bad idea.
Simply being unhappy with results – If a company performs a service in accordance with a contract but did a sub-par job, this alone is insufficient for a credible lawsuit. For example, if a landscaping company does work on your backyard, and it looks uneven in some areas, this may warrant a negative review or complaint, but it does not warrant the time/resources required in filing a lawsuit against a business.
You think you’re being overcharged on a bill – Once again, this may be frustrating; however, it’s seldom ever worth the extensive time required in hiring a lawyer for litigation against a business, particularly, a large corporation. This dispute is more suitable for channels such as customer service, or even public channels such as social media, Better Business Bureau, etc.
Minor damages to property – It can certainly be alarming if, for example, your car is dented by an auto body shop or your wall is scratched by a home repair company. With that said, these are not good reasons to go through the lengthy process of business litigation. Simply put, the legal fees required are likely to dwarf the cost of actual damages sustained.
Buying a consumer product that doesn’t work – Certain companies may have a lousy returns/refund policy but that does not make them guilty in a court of law. The business has to breach a legitimate contract and cause significant damages for a lawsuit to have merit in court.