Understanding Commercial Litigation in Florida

Commercial litigation in Florida encompasses a broad spectrum of legal disputes involving business entities, government entities, employees, and employers. As one of the most litigious states in the country, understanding the nuances of commercial litigation is essential for anyone involved with doing business in Florida. Business owners and decision makers can benefit from understanding the key components of commercial litigation and the types of cases involved.

Types of Parties and Disputes in Commercial Litigation

Commercial litigation cases in Florida involve legal conflicts between various entities, including:

Business Entities: Disputes between two or more businesses, whether arising from contractual disagreements, partnership disputes, or other business-related conflicts.

Business and Government Entities: Legal battles involving government entities and businesses, often related to regulatory compliance, licensing, or contractual obligations.

Employee and Employer: Employment-related disputes, such as wrongful termination, discrimination, or breaches of employment contracts.

Types of Cases in Commercial Litigation

Commercial litigation encompasses a diverse range of cases. These include:

Breaches of Contract: Disputes arising from the violation of the terms and conditions outlined in a contract between parties.

Breaches of Fiduciary Duty: Cases involving the breach of fiduciary responsibilities, such as mismanagement of funds or conflicts of interest.

RICO Act Cases: Civil actions associated with criminal matters, particularly those prosecuted under the Federal Racketeer-Influenced and Corrupt Organizations Act (RICO Act).

Contract Misinterpretations: Disputes arising from parties taking a different view of the terms of a contract, which can lead to legal conflicts between them.

Franchise and Licensing Disputes: Legal disagreements regarding the terms and conditions of franchise agreements or licensing arrangements.

Validity of Non-Compete Agreements: Cases focused on determining the enforceability and validity of non-compete agreements between employers and employees.

Tortious Interference: Cases involving intentional interference with contractual or business relationships, leading to economic harm.

Uniform Commercial Code Violations: Disputes arising from violations of the Uniform Commercial Code, which governs commercial transactions and trade practices.

The Importance of Legal Counsel

Managing commercial litigation in Florida requires a comprehensive understanding of the specific laws and regulations governing each type of case. Individuals and businesses would be best to avoid “going it alone” by attempting to represent themselves when taking legal action. A legal representative with experience in both State and Federal commercial litigation is one of the most important prerequisites for success when facing the challenges presented by the complex nature of these disputes. 

With the right legal guidance, businesses and individuals can face these complexities and work towards resolutions that align with their legal rights, legal obligations, and best interests.  Without experienced legal representation, businesses and individuals put themselves at risk of making decisions or sending communications that do not promote their best interests. 

If you are facing a legal challenge in business, know that the earlier you hire a competent commercial litigation attorney the better. It’s best not to wait until a case goes to court before partnering with an attorney since a lawyer can assist you in interpreting contracts, negotiating settlements, attending mediation sessions, and advising and reviewing all communications with the opposing party. 

South Florida Law

At South Florida Law, we have years of experience handling complex commercial litigation cases. We have the resources to help you face the challenges of the legal system and achieve the results you need.

We counsel on all commercial dispute resolution mechanisms including mediation, arbitration and courtroom litigation.

We also understand that staying within our client’s financial budget is important and work closely with our clients to keep our legal services cost-effective with a view to achieving justice for our clients. Contact us today to get started by reaching out to us on our contact form or by calling (954) 900-8885.

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