Florida Business Litigation & Commercial Litigation
Business requires keeping one’s word. When a business partner, shareholder, owner, competitor, client, service provider or professional does not keep their word, commits fraud, provides deficient services, or the unexpected happens, you may have money owed to you or need the situation repaired and restored back to normal. Mintz Truppman’s Commercial Litigation practice pursues claims to enforce your legal rights against business professionals, corporations, and partnerships.
Most commercial general liability (CGL) policies will cover defending your company from a business dispute made by another but will not cover your lawsuit against another company or professional to recover against them. Mintz Truppman takes commercial litigation cases on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover for you. This is a benefit to businesses who have already lost money from the bad corporate actor and whose insurance company will not cover their business claim. We are also sometimes available to handle such matters on an hourly basis, if it benefits the client.
We are a family firm, we do not take on a large volume of cases, and we are patient, because our priority is the care of our clients.
Common Types of Business and Commercial Litigation in Florida
Business and commercial litigation encompasses a wide range of disputes that can arise in the course of conducting business. Understanding these common types can help businesses anticipate potential issues and take proactive steps to mitigate risks. Below is an overview of the most frequent types of business and commercial litigation encountered in Florida:
Breach of Contract
Contracts form the backbone of business transactions. When one party fails to fulfill their contractual obligations, it constitutes a breach of contract. In Florida, remedies for breach of contract can include:
Damages: Compensation for financial losses caused by the breach.
Specific Performance: A court order requiring the breaching party to fulfill their contractual duties.
Rescission: Canceling the contract and restoring the parties to their pre-contractual positions.
Partnership and Shareholder Disputes
Disputes among business partners or shareholders can significantly disrupt operations. Common issues include disagreements over the management of the company, profit distribution, and breaches of fiduciary duties. Florida law provides various mechanisms to resolve these disputes, such as:
Buyouts: One party purchasing the interest of another to exit the partnership or corporation.
Dissolution: Legally terminating the business entity.
Derivative Actions: Lawsuits brought by shareholders on behalf of the corporation to address wrongs done to the company.
Fraud and Misrepresentation
Fraud and misrepresentation can occur in various forms, such as false advertising, financial statement manipulation, or intentional deceit in business transactions. Victims of fraud can pursue legal action to:
Recover Damages: Compensation for financial losses incurred due to the fraudulent activity.
Punitive Damages: Additional damages intended to punish the wrongdoer and deter future misconduct.
Rescission: Voiding the fraudulent transaction and restoring the parties to their original positions.
Intellectual Property Disputes
Businesses often rely on intellectual property (IP) such as trademarks, copyrights, and patents to protect their innovations and brand identity. IP disputes can arise when there is unauthorized use or infringement of these rights. Legal actions in Florida may include:
Injunctions: Court orders to stop the infringing activity.
Damages: Compensation for financial losses due to infringement.
Royalties: Payments for the use of the IP.
Why Choose Mintz Truppman for Your Litigation Needs
Navigating business and commercial litigation in Florida requires a deep understanding of the local laws and a strategic approach to dispute resolution. At Mintz Truppman, we leverage our extensive experience and knowledge of Florida law to provide comprehensive legal support tailored to your specific needs. Whether you are facing a breach of contract, partnership dispute, or any other commercial litigation matter, we are committed to pursuing your case diligently to achieve the best possible outcome.