Commercial Law and Litigation
All You Need to Know About Commercial Law and Litigation in Orlando
Michael L. Dear handles all aspects of Florida commercial law, business law, and commercial litigation including breach of contract, drafting contracts, contract disputes, and buying or selling a business.
The corporate law of the State of Florida encompasses the rights, relations, and conduct of companies, people, and organizations. It regulates the interaction between investors, shareholders, business owners, and employee to minimize the chances of disputes. However, even when companies make their best efforts to avoid disputes that end up in court, there are some situations when nothing can be done, and business litigation becomes inevitable.
Whether you’re the defendant or plaintiff in a lawsuit, get in touch with the lawyers at the Law Office of Michael L. Dear for quality legal advice, guidance and aggressive advocacy. We can offer you invaluable assistance and representation, putting the legal system to work for your business. Our team will resolve the dispute through business litigation. Continue reading to learn all that you need to know about commercial law and litigation.
Commercial Litigation—What is it?
Commercial litigation is also known as business litigation. This type of litigation comprises of disputes that arise out of commercial or business relationships. It entails disputes that stem from or are related to business transactions between companies or individuals. Furthermore, it involves some kind of contract (written, oral or statutory obligations) that arise from the sale of goods, services, or a tenancy.
Business litigation involves legal intervention. In such a situation, the plaintiff seeks some sort of remedy (mostly monetary) from the defendant for the damages that are being claimed.
Common Types of Commercial Litigation Cases
In some situations, business litigation is necessary for dispute resolution. Some of the common types of commercial litigation include:
Breach of Contract
A contract is a legally binding agreement. In this agreement, both parties must abide by and fulfill the terms of the contract. However, when one party fails to keep their end of the deal, a breach occurs. In such a situation, the damaged party then seeks compensation for losses caused by that breach.
Breach of fiduciary duty
A fiduciary duty is basically an obligation to act in another party’s best interest. For example, the board members of a corporation have a fiduciary duty to the shareholders while a trustee has this duty to the beneficiaries of the trust. Simply stated, a fiduciary duty exists whenever the relationship with another party involves a special trust.
Also, the law forbids the fiduciary from behaving in any way that is contrary to the other party’s interest. By law, the person acting in the fiduciary capacity must conform to the highest standards of ethics, . However, a breach may occur when they fail to honor their legal duties.
Disputes Related to Intellectual Property
By law, you have the right to take legal action if someone uses your intellectual property without your permission or consent. In such a scenario, you can make a claim to stop someone if they are infringing on your copyrights, patents, or trademarks, and to prevent the disclosure of trade secrets.
You can seek business litigation if and when your intellectual property rights are being violated so that your rights are protected and you get compensated for the damages and losses incurred.
Partnership Disputes/ Shareholder Litigation
When shareholders have issues with the performance of or the way the company is being managed and run or when partners don’t agree, then this may result in disputes which may require commercial litigation.
Personal Injury Claims
A product manufacturing company can be sued for making a product that causes harm to the user. Likewise, if an employee or customer gets injured in your business premises due to the employer’s negligence or failure to provide a safe environment, this can also lead to a lawsuit.
Real Estate Disputes
Disagreements between real estate sellers and buyers and disputes over the regulations pertaining to land use can also result in commercial litigation. This is especially true when they can’t be resolved through negotiations or any other available remedies.
How does it work?
Commercial litigation is often the last resort. It is avoided because it is a lengthy and complex process, and the parties must abide by the final verdict of the court—which may or may not be in their favor. Therefore, prior to filing a lawsuit, both sides may prefer to negotiate first through their business litigation attorneys.
If the negotiation is successful, both sides may end up trading demand letters and settlement offers. In the event a resolution is not reached, then filing a lawsuit may be the best option. Once the lawsuit is filed and both parties (the plaintiff and defendant) have served the correct paperwork to each other, then the discovery phase begins.
This is the stage where both sides gather evidence, documents, information, and testimonies from each other and any third party that is involved in the case. Discovery can be of two forms—written and oral. Written discovery includes requests for documents and questions that are also known as interrogatories, while an oral discovery may occur in a deposition where one or both parties answer question from the opposing counsel, often in the presence of a court reporter whose job it is to transcribe what is said in the deposition.
At this stage, there will be several attempts by the court to get both sides to resolve the case through mediation or a settlement conference. But if a settlement can’t be reached, then both sides will go to trial. In business litigation related cases, trials can go on for weeks as the judge and jury take time to review the evidence presented before making the final decision.
Here it is important to understand that the litigation may not be over even after the verdict is reached if the losing side files an appeal.
If you too are in a dispute with another party, then consider seeking legal help from our experienced commercial litigation lawyer. We will review your case and determine the best course of action in your situation. Our lawyers have a sound knowledge of state and federal statutes, a strong grasp of civil procedures and proven experience in both protecting and defending clients’ interests in court. We welcome the opportunity to speak with you and serve your best interests. Give the attorneys at The Law Office of Michael L. Dear a call at 407 494-6105 to learn how we can help.