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Miami Commercial Litigation Attorneys

Highly Skilled South Florida Business Litigation Law Firm

Conflicts can arise in business among partners, between shareholders and directors, with customers or competitors, suppliers or vendors, and in countless other ways. What is important is for companies to have a Miami commercial litigation attorney they work closely with and whom they can trust to protect their interests in any commercial dispute. Competent business lawyers evaluate every dispute strategically by exploring various options for resolution, weighing benefits and risks, and working with clients to understand their needs and goals, including resolving the current dispute efficiently and effectively, preserving long-term business relationships, maintaining the company’s reputation and goodwill, and continuing to grow and thrive.

This is the approach we take at the Edelboim Lieberman Revah. We work closely with our clients to identify their goals and formulate a strategy to achieve them. Our South Florida commercial litigation attorneys have achieved sustained success in debt collection, partnership, and shareholder disputes, UCC sale of goods litigation, accounting and legal malpractice suits, and more. As solution-oriented and commercially-driven litigators, each Miami commercial litigation attorney at our firm knows how to litigate cases to create leverage and deliver results.

Call Edelboim Lieberman Revah for help with any commercial litigation matter in Miami or South Florida, including:

Contract Disputes

Our team of business lawyers includes practiced, experienced contract drafters and negotiators. We bring that experience to the table when it comes to enforcing, challenging, or defending contracts in a breach of contract action or other contract dispute. We represent business owners in all manner of contract disputes with employees, customers, vendors, suppliers, distributors, manufacturers, and the countless other parties companies contract with every day as they work to run and grow their businesses.

Business Torts

Disputes can arise among competing businesses or other parties that aren’t based on contract but instead involve allegations of fraud, unfair competition, or deceptive trade practices. Litigation can result in extensive monetary damages that go beyond any economic loss actually suffered, as well as injunctions that can restrain a business from engaging in certain activities. Our Miami commercial litigation attorneys represent plaintiffs and defendants in business litigation involving alleged fraud or other unfair or deceptive business practices.

Commercial Collections

Collecting on accounts receivable is an essential activity for any business, but it must be approached thoughtfully and skillfully with a full understanding of applicable laws and processes. Both federal and Florida laws set out numerous rules companies must follow when engaging in collections, and legal violations can be costly and completely frustrate the legitimate and vital business purpose of collecting a valid debt. Edelboim Lieberman Revah takes a smart and strategic approach to collections, aggressively asserting your rights and protecting your interests while staying squarely within the bounds of applicable state and federal laws.

UCC Litigation

The Uniform Commercial Code is a large body of law governing a wide range of commercial activities, including the sale of goods (Article 2), negotiable instruments (Article 3), and secured transactions (Article 9). A thorough understanding of the UCC is necessary to interpret, challenge or enforce contracts and navigate litigation surrounding the sale or leasing of commercial goods or the granting of credit secured by personal property. Your Miami commercial litigation attorney will understand how to navigate the UCC and make it work in your favor, including litigation involving contracts with provisions provided or governed by the UCC.

Partnership and Shareholder Disputes

Partnerships run smoothly until they don’t. Disagreements among the partners regarding how the company should be run can stall growth and even spell the demise of the business if not properly resolved. Similarly, disputes between shareholders and the officers and directors of a corporation can result in deadlocked voting that stymies the corporation, derivative lawsuits, and allegations of breach of fiduciary duty. Edelboim Lieberman Revah represents the interests of partners, managers, shareholders, and other parties involved in partnership or shareholder disputes in South Florida. Let us provide the strategic guidance and professional representation necessary to resolve your corporate matter.

Important Contract Terms in Commercial Litigation According to A Miami Commercial Litigation Attorney 

In disputes involving commercial contracts, several terms of the parties’ agreement have the potential to substantially impact both the process and the outcome. When evaluating your company’s options at the outset of our engagement, a Miami commercial litigation attorney at Edelboim Lieberman Revah will carefully examine key terms such as:

  • Indemnification – Indemnification clauses shift liability for third-party claims. For example, if a wholesaler gets sued for selling an allegedly defective product, the wholesaler’s contract with the manufacturer may include an indemnification clause that shifts liability to the manufacturer. Indemnification clauses are essential risk management tools, and they frequently play a central role in commercial litigation.
  • Insurance – Mandatory insurance clauses can have a significant impact on commercial litigation as well. If a company’s liability is insured, this can drastically alter the nature of the litigation as well as the litigation-related costs and risks for both parties.
  • Remedies and Caps – If a commercial contract includes specific remedies (while excluding others) in the event of a dispute, this type of clause can also significantly impact any disputes between the parties. This is true whether the contract provides for liquidated damages or precludes a party from seeking specific performance. Liability caps can significantly impact contracting parties’ litigation strategies as well.
  • Force MajeureForce majeure clauses have gained renewed focus as a result of the COVID-19 pandemic. If a party’s non-performance is excused due to force majeure (or if a party claims its non-performance is excused due to force majeure), this can shift the landscape of the dispute entirely.
  • “Boilerplate” Contract Terms – While commercial parties often overlook the “boilerplate” clauses in their agreements during contract negotiations, these terms can have a substantial impact on litigation. This includes common terms such as mandatory mediation and arbitration clauses, forum selection clauses, and choice of law clauses.

Enforceability of Mandatory Mediation and Arbitration Clauses

Mediation and arbitration are forms of alternative dispute resolution (ADR) that offer options for resolving commercial disputes without going to court. Many commercial contracts require parties to pursue mediation, arbitration, or both prior to pursuing litigation.

Generally, mandatory mediation and arbitration clauses in commercial contracts are enforceable. As a result, if your company is facing a dispute under a contract that includes a mandatory mediation or arbitration clause, there is a good chance that your company will need to comply. However, as certain types of disputes may not be covered, you will want to consult with an experienced Miami commercial litigation attorney to ensure that you have an accurate understanding of your company’s contractual obligations before making any decisions about a dispute resolution strategy.

Enforceability of Forum Selection and Choice of Law Clauses

Forum selection and choice of law clauses in commercial contracts are generally enforceable as well. These clauses have the potential to drastically impact the outcome of a dispute, both by altering the governing legal principles and by increasing (or decreasing) the costs of pursuing claims or defenses. At Edelboim Lieberman Revah, we handle commercial disputes in Miami for local and out-of-state companies that are contractually bound to litigate their disputes in South Florida.

Commercial Litigation FAQs: Answered By A Miami Commercial Litigation Attorney 

Is the Prevailing Party in Commercial Litigation Entitled to Attorneys’ Fees?

In the United States, the default rule is that the prevailing party in commercial litigation is not entitled to attorney’s fees from the losing party. However, this too can be altered by the parties’ agreement. If a commercial contract includes a provision that entitles the prevailing party to attorney’s fees in the event of a dispute, this type of clause will generally be enforced. With that said, what it means to “prevail” in litigation can be open to interpretation (particularly when a case involves multiple claims and counterclaims), and it is not uncommon for commercial parties to disagree over the effect of a contractual attorneys’ fees provision.

Is There a Benefit to Mediation or Arbitration if it Isn’t Mandatory?

Yes, pursuing mediation or arbitration can prove beneficial in many commercial disputes. Broadly speaking, two of the primary benefits of mediation and arbitration are privacy and efficiency. If both companies involved in a dispute wish to keep the underlying issues out of the public eye, then they may share a mutual interest in not going to court. Mediation and arbitration are also generally less resource-intensive than litigation, although whether this outweighs the benefits of utilizing the judicial system will depend on the specific circumstances at hand.

Are There Grounds to Void a Commercial Contract?

While courts will generally uphold arm’s length transactions in the commercial context, there are grounds to void commercial contracts in appropriate cases. Fraud in the inducement is one example. Even if a contract is not void or voidable in its entirety, contracting parties may be able to challenge specific clauses based on their vagueness, public policy considerations, or specific provisions under the governing law.

What if My Company Agreed to a Waiver or Covenant Not to Sue?

Waivers and covenants not to sue in commercial contracts are also generally enforceable. These types of clauses are important risk management tools, and they are essential to certain types and lines of business. If your company is dealing with a waiver or covenant not to sue, or if your company needs to enforce one of these clauses in connection with a dispute, we encourage you to speak with a Miami commercial litigation attorney at Edelboim Lieberman Revah.

What Should I Do if My Company is Being Sued?

If your company is being sued, you will want to speak with a Miami commercial litigation attorney promptly. Not only do you need to ensure that you are making informed decisions on your company’s behalf, but taking swift action can often greatly reduce the time, costs, and risks involved in commercial disputes in many cases. When you contact Edelboim Lieberman Revah, we will make arrangements for you to speak with one of our attorneys in confidence as soon as possible, and we will help you determine the best course of action to protect your company and its shareholders. 

Let a Miami Commercial Litigation Attorney Manage Your Claims

Get yourself out in front of any current, pending, or potential business dispute by contacting a team of Miami commercial litigation attorneys with the skills and experience to give you the practical advice and strategic representation you need to protect your rights and win. Call Edelboim Lieberman Revah in Miami or Fort Lauderdale at 305-768-9909.

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