Category Archives: Commercial Litigation
What Types of Evidence Are Discoverable in Financial Fraud Litigation in Florida?
When dealing with financial fraud, knowing that your company has been defrauded and proving that it has been defrauded are different matters entirely. Recovering fraudulent financial losses in litigation requires evidence that is sufficient to convince the judge or jury that an award of damages is warranted. Likewise, convincing a defendant to settle requires… Read More »
My Company Has Been Sued—What Now?
Your company has been sued. It happens. Sooner or later, most successful companies will face one type of lawsuit or another. When your company is facing a lawsuit, resolving the plaintiff’s claims without unnecessary liability involves taking the same informed and strategic approach that you take to all other business-related matters. So, what now?… Read More »
Collecting on a Commercial Judgment: What Happens When You Win and the Other Party Doesn’t Pay?
You took another company to court, and you won. The judge ruled in your company’s favor, and now your company is entitled to damages. There’s just one problem: The other company won’t pay. What happens in this scenario? This scenario isn’t uncommon. The fact that a company is legally required to pay damages doesn’t… Read More »
Understanding the Remedies in Commercial Contract Litigation
When dealing with a breach of contract, pursuing litigation may be the only practical option for enforcing a company’s contractual rights. If settling isn’t in the company’s best interests (or isn’t an option under the circumstances at hand), going to court provides a means of obtaining a certain outcome and an enforceable judgment. Potential… Read More »
10 Factors to Consider Before Settling a Commercial Contract Dispute
Settling a commercial contract dispute allows the parties to move on. Once they settle, they can get back to business as usual, and this is often not only in their own best interests but in their customers’ best interests as well. Of course, settling also reduces the costs of dispute resolution, and it avoids… Read More »
When Does It Make Sense to Consider Commercial Arbitration?
While litigation is always an option for resolving commercial disputes, it isn’t always the best option available. In many cases, alternatives to litigation can prove to be more cost-effective while providing other benefits as well. An experienced Miami commercial litigation attorney will help business owners, executives and in-house lawyers carefully weigh all options and… Read More »
Business Torts: What Are They and How Do You File (or Defend Against) a Tort Claim?
Most commercial litigation involves one of two main types of claims: Parties either file claims based on the terms of their commercial contracts, or they file claims for business torts. While both types of claims present numerous complexities and can take a variety of different forms, business tort claims seem to be far less… Read More »
What to Expect (and What Not to Expect) in Commercial Arbitration
Going to arbitration can be an effective means of resolving a wide variety of commercial disputes. Arbitration provides a binding resolution (unlike mediation), but it costs less in terms of both money and operational resources than litigation. Since arbitration proceedings are private, they also avoid the publicity of trial—as well as the risk that… Read More »
Financial Disputes Among Business Partners: Common Issues and Possible Means of Resolution
Financial disputes among business partners are not uncommon. Whether arising during the entity formation process, in the course of a business’ operations, or when one or more partners exit the business, these disputes can disrupt the partners’ business plans, threaten long-standing relationships, and have negative outcomes for clients and customers. When financial disputes arise,… Read More »
Resolving Issues Arising Out of a Business Breakup (or Business Divorce)
Business breakups can be both time-consuming and expensive. They often end long-standing relationships; and, while cutting ties may be the best option under the circumstances at hand, it can present a variety of challenges that all parties involved must work to overcome. In a business divorce, the parties either need to be willing to… Read More »