Business Litigation Representation Throughout Florida
Business litigation involves the resolution of internal and external disputes arising within the commercial context. AMC Law Firm provides strategic representation to both plaintiffs and defendants in business lawsuits statewide. We understand that commercial disputes can threaten a company's financial stability and operational continuity, and we work tirelessly to protect our clients' interests throughout the litigation process.
Business Disputes We Handle
Partnership & LLC Disputes
Representation in disputes over management authority, ownership interests, distributions, access to records, and fiduciary duty breaches.
Commercial Contract Disputes
Strategic counsel for breach of contract litigation, ensuring business agreements are enforced and rights are protected.
Business Fraud & Fiduciary Claims
Handling claims involving misrepresentations, concealment, misuse of assets, conflicts of interest, and breaches of duty.
Emergency & Injunctive Relief
Securing temporary or permanent injunctions to protect corporate control, assets, and confidential information.
Shareholder & Owner Disputes
Resolving complex conflicts involving partnership deadlock, minority owner rights, and separation of owners.
Plaintiff & Defense Counsel
Representing businesses, owners, and entrepreneurs as both plaintiffs and defendants in courts throughout Florida.
STRATEGIC RESOLUTION PROCESS
Resolving Business Disputes Strategically
STAGE 01
Early Case Evaluation
We perform an immediate, deep-dive analysis of the facts and legal merits to assess potential outcomes and risks from the outset.
STAGE 02
Business Objectives
Litigation is a tool to achieve a business goal. We align our legal tactics with your commercial interests and long-term operations.
STAGE 03
Pre-Litigation Strategy
Before a complaint is filed, we explore demands, negotiations, and preservation of evidence to secure the strongest position possible.
STAGE 04
Litigation
Aggressive and meticulous advocacy in Florida courts, handling discovery, motions, and trial with experienced courtroom presence.
STAGE 05
Appeal
Whether defending a favorable verdict or challenging an error, we provide sophisticated appellate advocacy in Florida’s appellate courts.
Florida Business Litigation FAQs
General information only. The proper claim, remedy, and deadline depend on the business entity, governing documents, contracts, conduct at issue, and available evidence.
What is business litigation?
Business litigation is a legal dispute involving a company, its owners, managers, employees, customers, vendors, or competitors. The objective may be to recover money, enforce a contract, protect company property or confidential information, resolve an ownership dispute, obtain emergency court relief, or separate owners who can no longer operate the business together. Many disputes can be resolved through negotiation, mediation, or a contractually required arbitration process. When litigation is necessary, early preservation of records such ascontracts, emails, text messages, financial statements, invoices, governing documents, and company communications is essential.
What types of business disputes can lead to litigation?
Common business disputes include: Breach of contract and unpaid-invoice claims; Shareholder, member, partner, or joint-venture disputes; Breach of fiduciary duty, self-dealing, diversion of business opportunities, or misuse of company funds; Business breakup, ownership, valuation, and buyout disputes; Fraud, negligent misrepresentation, conversion, or civil theft claims; Trade-secret, confidential-information, noncompete, nonsolicitation, and unfair-competition disputes; and Disputes with vendors, customers, landlords, franchisees, insurers, or lenders. The governing contract, operating agreement, shareholder agreement, bylaws, partnership agreement, and entity records usually determine the available claims and the required pre-suit process.
Can one business owner sue another in Florida?
Yes. An owner may bring a claim against another owner when the facts support a direct personal injury, such as a violation of an ownership agreement or a wrongful denial of a contractual right. But where the alleged harm was primarily suffered by the company, such as diversion of company assets, waste, or injury to the value of the business, the claim may need to be brought derivatively, on behalf of the company. For an LLC derivative action, Florida law generally requires a member first to make a demand that the company take appropriate action, unless demand would be futile or waiting would cause irreparable injury to the company. Fla. Stat. § 605.0802 The distinction between direct and derivative claims is important and should be evaluated before filing.
What happens when business partners can no longer work together?
First, review the company’s governing documents. An operating agreement, shareholder agreement, or partnership agreement may prescribe a buyout, valuation method, mediation, arbitration, voting procedure, or a deadlock-breaking mechanism. If owners cannot resolve the impasse, possible remedies may include negotiation of a separation or buyout, accounting and inspection rights, a derivative claim, or, in serious circumstances, judicial dissolution or another court-ordered remedy. For an LLC, a manager or member may seek judicial dissolution on grounds including unlawful activity, impracticability of operating under the company’s governing documents, illegal or fraudulent conduct, misuse or waste of company assets, or management deadlock causing threatened or actual irreparable injury to the LLC. Fla. Stat. § 605.0702. Corporations have similar statutory dissolution mechanisms for qualifying director or shareholder deadlock, asset waste, or illegal or fraudulent conduct. Fla. Stat. § 607.1430
Can I sue for breach of fiduciary duty in Florida?
Yes—when a fiduciary relationship exists and the person owing the duty breaches it, causing damages. Corporate officers and directors, managers, controlling owners, and business partners may owe duties of care and loyalty in particular circumstances. Claims often involve self-dealing, misuse of funds, diversion of company opportunities, improper competition while still owing a duty, concealment of material information, or corporate waste. A claimant must identify the actual duty, the conduct that allegedly breached it, and the resulting harm. Where the injury is to the company, the claim may belong to the company and require a derivative action rather than an individual owner’s direct lawsuit. Taubenfeld v. Lasko, 324 So. 3d 529 (Fla. 4th DCA 2021)
Can a business obtain an injunction in Florida?
Sometimes. A business may seek a temporary injunction to preserve the status quo or prevent imminent harm, for example, threatened disclosure of trade secrets, misuse of confidential information, violation of an enforceable restrictive covenant, or improper disposal of unique company property. In general, the party seeking a temporary injunction must establish irreparable harm, a clear legal right, no adequate remedy at law, and that the injunction serves the public interest. Money damages alone ordinarily do not justify an injunction. Weinstein v. Aisenberg, 758 So. 2d 705 (Fla. 4th DCA 2000)
Can attorney’s fees be recovered in a Florida business lawsuit?
Usually, each party pays its own attorney’s fees unless a contract, statute, or another recognized legal basis authorizes a fee award. Commercial contracts often include prevailing-party fee provisions. When a contract gives that right to only one party, Florida law may make the provision reciprocal if the other party prevails in an action concerning the contract. Fla. Stat. § 57.105(7). A court also may impose fees or sanctions for claims or defenses that lack factual or legal support, subject to the statute’s standards and procedures. Fee recovery is never automatic; it depends on the claim, agreement, outcome, and applicable procedural requirements.
How long do I have to bring a business lawsuit in Florida?
There is no single deadline for every business claim. The applicable limitations period depends on the cause of action and requested remedy. Common examples include: Written-contract claims: generally five years; Oral-contract claims: generally four years; Fraud and breach-of-fiduciary-duty claims: often four years, subject to accrual and discovery rules that require fact-specific analysis; Claims based on statutory liability: generally four years; and Specific performance: generally one year. Fla. Stat. § 95.11. The triggering date can be as important as the length of the limitations period. Contractual notice requirements, tolling, discovery of wrongdoing, continuing conduct, and the identity of the claimant can affect the analysis. Do not wait until a deadline is near to have the claim evaluated.