Dedicated Orlando Business Litigation Attorneys Ready To Assist You
In most business situations, contracts and other agreements between parties run smoothly.
However, despite best efforts and planning, occasionally a dispute will arise about the terms of a deal or other business matter.
If the issue cannot be resolved and legal intervention is required, you need an experienced Orlando business litigation attorney to handle your case.
Our Orlando business litigation lawyers will protect your best interests, zealously advocate on your behalf, and aggressively seek the best outcome for your business as effectively and efficiently as possible.
Do I Need an Orlando Commercial Litigation Attorney?
As a business owner and operator, you cannot afford to divert time, attention, and focus away from your company to handle a legal dispute. And the more complex the case, the longer the litigation may take to resolve the problem.
Let an experienced Orlando commercial litigation lawyer shoulder the burden of your legal claims so that you can focus on what is most important – the growth and success of your business.
Why Should I Hire BrewerLong?
If you need an experienced Orlando business litigation lawyer who will zealously represent your interests, you’ve found the right place.
The Orlando business litigation attorney at BrewerLong handles all types of commercial litigation claims such as:
- Breach of contract disputes,
- Business torts,
- Corporate disputes, and
- Other business litigation cases.
We litigate commercial disputes for businesses of all sizes and provide the same high-quality representation to large and small companies alike. Our office prides itself on several things that set us apart from many law firms:
- We show dedication to our corporate clients,
- We are committed to transparent communication,
- We give honest legal advice, and
- We have breadth and depth of commercial knowledge.
These qualities enable us to develop long-lasting relationships with our corporate clients. We like to advise clients on strategies to avoid litigation. However, when a dispute arises, we are confident in our ability to efficiently litigate your case.
Part of our dedication to the community comes through our service to local business owners. We want to see your business thrive, and that only happens when you avoid or successfully resolve litigation. We’re here to help you do just that.
How to Avoid a Business Dispute
Most of our clients are in litigation over some aspect of their business. However, some business owners take a proactive approach and want to know strategies for preventing a business dispute in the first place.
Our Orlando business disputes attorneys can tailor individual advice to your situation if you set up a time to meet with us. However, here are some quick tips that should apply to most businesses:
- Set up written agreements to govern the operation of your business;
- Get all agreements with clients, contractors, suppliers, etc. in writing (word of mouth is not sufficient);
- Hire a lawyer to draft or review your contracts;
- Carefully read all contract documents before signing;
- Keep the promises that you make in your contracts;
- Train your staff to courteously respond to colleagues and keep you apprised of any concerns;
- Document actions taken by your business and communication with others;
- Comply with your business’s operational documents;
- Have clear employment policies in place, including a written employee handbook;
- Be diligent and consistent in your accounting practices;
- Be sure to comply with state and federal regulations that apply to your business; and
- Consult an attorney as soon as you think a business dispute might occur.
If you do experience a disagreement with a client, partner, employee, or others, contact our Orlando business dispute lawyers immediately. We can intervene early with alternative dispute resolution methods that may help you avoid business litigation.
What Are Common Types of Business Litigation Claims in Florida?
Business litigation in Florida can encompass a variety of claims, reflecting the state’s diverse business landscape. Here are some common types of business litigation claims an organization might face.
- Contract disputes. These arise when there is a disagreement or breach of contract terms between parties involved in a business transaction. This can include disputes over payment, delivery, or performance.
- Breach of fiduciary duty. In cases where individuals owe a duty of trust and confidence to a business entity, breaches of fiduciary duty may occur. This can involve actions by company officers, directors, or employees that harm the business.
- Business torts. This category includes a range of wrongful actions that cause harm to a business. Examples include fraud, misrepresentation, interference with contractual relations, and unfair competition.
- Intellectual Property dispute. Businesses often engage in legal battles over intellectual property, such as patents, trademarks, copyrights, and trade secrets. Disputes may involve infringement claims, licensing issues, or misappropriation of proprietary information.
- Employment disputes. These can arise from various employment-related issues, such as wrongful termination, discrimination, harassment, non-compete agreements, and disputes over wages and benefits.
- Real estate litigation. Business disputes related to real estate can involve issues such as lease agreements, property transactions, zoning disputes, and boundary disagreements.
- Securities litigation. In cases where there are allegations of fraudulent practices or misconduct in the securities market, businesses may find themselves embroiled in securities litigation.
- Insurance disputes. Businesses may file claims against insurers for coverage disputes, denial of claims, or bad faith practices.
- Anti-trust claims. These involve allegations of anti-competitive behavior, such as price-fixing, market allocation, and monopolistic practices that harm other businesses.
- Tortious interference. This type of business tort occurs when a third party intentionally interferes with existing contractual relationships or prospective business relationships, causing harm to one of the parties involved. The interference is considered wrongful and may involve persuading a party to breach a contract or disrupting negotiations.
Navigating these legal challenges often requires the expertise of a business litigation attorney in Orlando.
Resolving Breach of Contract Claims
Almost all business agreements are governed by a contract that states the terms and conditions of the deal. The basis of any contract is that parties owe an obligation to each other. When a breach of contract is claimed by one or both sides, it accuses the other side of not fulfilling their obligation.
Breach of contract claims can be litigated in a number of ways, and business litigation lawyers have options on how to best settle the dispute.
Alternative Dispute Resolution Solutions
One option is to utilize alternative dispute resolution techniques, such as mediation or arbitration. In some contracts, this is actually mandated by the terms of the contract before the claims can go to court.
Mediation and arbitration use collaborative techniques to try and resolve the matter in a way where both parties walk away satisfied with the outcome.
Mediation allows a neutral third party (a mediator) to facilitate communication and negotiation between disputing parties to help them reach a mutually acceptable solution. Unlike a judge, the mediator does not make decisions but assists in finding common ground. This method is collaborative and voluntary, allowing parties to maintain control over the outcome. It is less formal and adversarial than litigation.
On the other hand, arbitration is a more formal process where an impartial arbitrator or panel of arbitrators is appointed to hear arguments, review evidence, and render a binding decision. While arbitration provides a faster and more streamlined resolution compared to traditional litigation, the decision is typically binding and enforceable in court. This may be appealing when parties seek a quick resolution but want a decision handed down by an expert in the field.
If alternative dispute resolution techniques fail, the other option for commercial litigation attorneys is to take the case to court. Taking the breach of contract claim to trial can be a lengthy and complex endeavor.
Representing Business Tort Claims on Both Sides
While many commercial litigation cases involve a breach of contract and other contractual issues, knowledgeable Orlando commercial litigation attorneys like those at BrewerLong also handle business tort claims.
Business torts cover a wide range of activities, including:
- Claims of fraud,
- Deceptive trade practices,
- Unfair business practices,
- Consumer fraud, and
- A number of other claims that fall under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
Our Orlando commercial litigation lawyers have experience prosecuting and defending against a number of business tort claims and are prepared to effectively advocate for your interests on both sides of the table.
Effectively Navigating Corporate Disputes
One last area of commercial litigation our lawyers effectively manage is internal corporate disputes.
Corporate disputes, if not handled properly, can doom a thriving business. Internal struggles can cause protracted legal disputes that cost individuals and the company considerable time and money to resolve. Corporate disputes come in many forms, including:
- Disagreements about partnership or joint venture agreements,
- Operational decisions and business succession,
- Fiduciary duties and breach, and
- Shareholder derivative suits.
You need an attorney with an intricate knowledge of business operations and corporate structure to handle your corporate dispute, and the commercial litigation attorneys at BrewerLong are prepared to meet your legal needs.
The skilled corporate litigators at BrewerLong have the knowledge and experience to advocate on behalf of our clients in all types of complex corporate disputes and appeals.
Remedies for Your Business Dispute
When you experience a business dispute, there are several potential remedies available to you, such as:
- Monetary damages;
- Liquidated damages, if specified in your contract;
- Specific performance, or forcing one party to uphold their contractual obligations;
- Restitution, such as returning the money or product;
- Rescission to void the contract; and
- Reformation to alter the contract with agreeable terms.
When our business dispute lawyers meet with you, we will listen to your desires for the resolution of your problem. Do you need the other party to fulfill their promises, or would you be just as happy with some money to offset your inconvenience? Our lawyers don’t have a stock answer for every contractual dispute. Instead, we listen to our clients’ needs and pursue the remedy that would best improve their situation.
Frequently Asked Questions for Orlando Litigation Attorneys
Are Business Litigation and Commercial Litigation the Same?
While business litigation and commercial litigation are related and often used interchangeably, they can have subtle differences in their scope and emphasis. Business litigation is a broad term that encompasses legal disputes related to various aspects of business operations, including both conflicts within an entity or conflict with another entity.
Commercial litigation, on the other hand, has a more internal focus on legal disputes related to commercial transactions and business relationships. However, in practice, the terms are often used interchangeably and refer generally to the legal resolution of disputes arising in the business context.
Does a Contract Need to Be in Writing to Be Valid?
Contracts do not always need to be in writing to be valid. Oral agreements may be enforceable as long as they meet the elements of a contract. However, under Florida law, certain types of contracts must be in writing to be enforceable. Some examples include:
- Contracts for the sale of real property or any interest in real property;
- Agreements that cannot be performed within one year from the date they are made;
- Promises to answer for the debt or duty of another person; and
- Contracts for the sale of goods priced at $500 or more.
Ultimately, many Florida business transactions do require a written contract.
How Long Do I Have to File a Business-Related Claim?
Every legal claim has a filing time limit, known as its statute of limitations. Business litigation in Orlando includes a wide variety of diverse claims, as demonstrated above, each with its own statute of limitations.
They can range from just one year (employment discrimination claims) to five years (breach of written contract). Many business-related claims in Florida carry a statute of limitations of four years. These include:
- Securities fraud,
- Intellectual property claims,
- Oral contracts, and
- Antitrust law.
However, certain exceptions and nuances may apply that change a claim’s timeline, so it is advisable to seek help from an attorney, like the experienced business litigation team at BrewerLong.
Call the Office or Contact Us Today
Hiring a skilled Orlando business litigation lawyer to handle your matter can be the critical difference between your company’s success or failure in its legal dispute. If you are stuck in a business dispute that requires legal intervention, contact one of our skilled Orlando business litigation attorneys at BrewerLong today.
- Mergers and Acquisitions,
- Zoning and Regulations,
- Intellectual Property,
- Technology Laws,
- Agribusiness Laws,
- Labor Law For Employers, and
- Beverage Laws.
Call the office or contact us online to schedule a consultation of your commercial litigation needs.