Category Archives: Commercial Litigation
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 »
When Can (and Should) Businesses Pursue Claims for Fraudulent Inducement in Florida?
Business fraud can take many different forms. But, one of the most common forms is what is known as “fraud in the inducement,” or simply fraudulent inducement. Fraudulent inducement involves making false or misleading statements in order to secure a contract (or “induce” contract execution) and then relying on ongoing concealment to keep the… Read More »
Tips and Strategies for Defending Against Consumer Fraud Litigation
Consumer fraud litigation is a risk for many types of businesses. Whether lawsuits come from individual plaintiffs or in the form of class action complaints, consumer fraud claims can lead to both substantial liability and substantial negative publicity. As a result, businesses need to defend against these claims strategically, and business owners and executives… Read More »