During the ordinary course of business operations and transactions, commercial disputes may arise for various reasons. Resolving domestic, interstate and international litigation matters may involve avenues of alternative dispute resolution (ADR), whether voluntarily, by contractual obligation, or as part of the business litigation process. Although many times successful, some disputes must endure the full litigation gamut to trial when ADR fails.

If there is a possibility of litigation in your future and you’re looking for the right commercial litigation attorney. In that case, you’ll want to consider a consultation with Boyer Law Firm, P.L. With offices conveniently located in Miami, Orlando, and Jacksonville, we conveniently service businesses all over Florida.

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Protecting the Interests of Your Business

Business disputes and complex commercial litigation can adversely impact a company’s resources and divert attention from the business’s core operations. As a result, sophisticated business owners and executives require legal counsel to provide the shortest and most cost-efficient path to resolution while safeguarding their business interests.

Boyer Law Firm provides a full range of business advising and litigation services. Our firm has established an exemplary reputation for providing efficient, high-quality, and timely services to clients at a competitive rate.

Our business litigation attorneys handle a wide variety of business disputes including but not limited to:

Contract Disputes

Breach of Contract

Commercial Landlord/Tenant Disputes

Construction Litigation

Breach of Fiduciary Duty

Fraud and Misrepresentation

Unfair competition

Partnership Disputes

LLC Member Disputes

Shareholder Disputes and Derivative Actions

Commercial Debt Collection

Interference with Contracts or Business Relationships

Non-compete Litigation

Business Dissolution and Breakup

Trade Secret Disputes

Business Litigation – Attorneys Skilled Inside and Outside the Courtroom

At Boyer Law Firm, our attorneys stand ready to zealously advocate for you in court if your business’ profits or reputation are on the line. Alternatively, our legal team also possesses superior negotiation skills, making way for out-of-court mediation and conference, potentially avoiding the costly and time-consuming litigation phase entirely. Whether in or out of the courtroom, we vow to advocate for your company’s best interests and make your needs our top priority.

businessmen arguing, commercial litigation, business disputesOur commercial litigation attorneys often represent clients across a variety of associated proceedings, including pre-trial hearings, depositions, settlement conferences, as well as alternative dispute resolution (ADR) options. Mediation and arbitration are geared toward assisting the two parties in reaching a settlement rather than dispensing additional time and cost of going to court.

In commercial litigation matters, Florida law requires business plaintiffs and defendants to be represented in court by an attorney in all cases except for small claims court. Small claims matters consist of claims seeking less than $8,000 in damages.

Business disputes are usually highly complex, requiring legal guidance throughout every phase, from negotiation to trial and possibly appeal. A business litigation lawyer can help you maneuver the labyrinth of rules and procedures.

Common Types of Commercial Disputes

Various types of legal disputes fall under the category of civil litigation. In the business & commercial litigation category, the most common types disputes include:

Contract Disputes: A contract dispute occurs when any party to a contract disagrees with any of the terms or definitions contained in the agreement. The disagreement can be due to ambiguous language within the contract that creates contrasting expectations. The most common cause of action in contract disputes is a breach of contract claim.

Business Torts: Often intentional but sometimes due to negligence or recklessness, business torts are wrongful actions performed against a business that causes harm. The damages may have been a loss of profit, reputation, competitive advantage, or market share, to name a few.

Our litigation attorneys handle all manner of business torts of deceptive business practices, tortious interference with a business relationship, fraudulent misrepresentation, breach of fiduciary duty, fraudulent inducement, theft of trade secrets, and more.

Partnership disputes: When two or more partners own a business together, disputes can arise for many reasons. Financial issues are the number one cause of partnership disputes. Other common disputes between partners involve a breach of fiduciary duty, disputes overuse of resources or misappropriation of assets or opportunities, breach of contract, or loss of business opportunities. 

Shareholder disputes: When shareholders have a problem with how the company is operating, decisions made by the director or the board of directors, or differences in compensation or contribution, this can result in a lawsuit, also called a shareholder derivative action.

Commercial Landlord/Tenant Disputes: Disputes in commercial landlord/tenant relationships typically go back to the signing of agreements without the use of legal representation. The lack of “legal eyes” means a business owner doesn’t understand the words written or what vital aspects are missing from the contract. Although the most common dispute in landlord/tenant relationships is non-payment of rent, this can be caused by improperly devised construction contracts depleting construction allowance in the commercial lease.

Boyer Law Firm attorneys are experienced in handling all aspects of commercial lease matters, including illegal construction, lease agreement negotiation, contract violations, and renewal negotiations.

Although it may seem a lawyer is not always necessary to resolve a commercial dispute, it is in your best interest to consult a qualified commercial litigation attorney both before and during the process. The best defense against a business dispute is to avoid disagreement entirely, which means utilizing a skilled business law attorney to draft and negotiate contracts. What is not in the contract is often more important than what is written in the agreement.

Whatever the cause of your company’s involvement in business litigation, you must comprehend:

  1. Which court is best to resolve your dispute. 
  2. The statute of limitations on the claim.
  3. All aspects of the claims being made.
  4. The importance of preparing the most vigorous case possible to argue for your desired outcome. 

Boyer Law Firm’s team of business law professionals are here to help. Let us do the heavy lifting.

Alternative Dispute Resolution (ADR)

In today’s legal environment, several methods of alternative dispute resolution (ADR) often aid in resolving domestic and cross-border disputes outside of the court system or supplement traditional litigation in state and federal courts. These usually are the preferred mechanisms for resolving disputes confronting our business clients.

 

Pretrial Negotiation and Settlement

Although the trial phase of a business dispute generally draws the most attention, a significant degree of legal negotiation and decision-making occurs before the parties enter a courtroom. In some cases, parties settle their disputes in this pretrial phase and never enter a courtroom.

businessmen shaking hands, alternative dispute resolution, mediation, arbitrationPretrial negotiation is often the first ADR option for those wishing to resolve a dispute outside of court. In some cases, with the guidance of an experienced commercial litigation attorney, the parties can solve arguments if motivated to do so.

In this scenario, called a pretrial settlement, two opposing parties in a business dispute collaborate before the trial to find an amenable solution to the conflict. This negotiation can occur before filing a complaint or anytime before the suit proceeds to trial. After being served with a lawsuit, the defendant can work with the opposing party to reach an agreeable settlement outside of court.

Instead of going through the entire process of bringing a case to court, pretrial settlements can save both parties time and money. In some cases, the two parties can negotiate a more accurate settlement amount compared to the court’s calculation of compensation for damages.

During pretrial negotiations, a full understanding of your rights and your liability is vital to your businesses’ best interests. Many times, what is missing from a contract or settlement is more important or potentially more damaging than what is included in the contract. This is why legal representation is still a key factor in pretrial negotiation.

The professional team at Boyer Law Firm has helped many clients throughout Florida and abroad achieve satisfactory pretrial settlements. In domestic, interstate and international litigation matters our commercial litigation attorneys work diligently to help our clients realize their legal goals. Meeting the needs of our clients is the foundation of our practice.

 

Mediation

By far, mediation is the most well-known form of ADR and used by Florida courts for more than 30 years. According to Florida Courts, more than 5,500 mediators are certified by the Florida Dispute Resolution Center. In mediation, a neutral third party, called a mediator (typically an attorney), encourages and assists both sides in resolving their dispute without defining the actual result. The mediator will discuss the issues on the table and try to help the parties reach an agreement but will typically not offer their own opinion or evaluation.

Once a claim is filed, it is not uncommon for the court to order the parties to attend mediation before bringing a case in front of a judge.

If a settlement is reached in mediation, the agreed provisions are reduced to a written document and endorsed by both parties. This document becomes a binding contract and thus enforceable in a court of law. If a party tries to change its mind after signing a mediation agreement, the other party can enforce it in court.

 

Arbitration

In another form of ADR, called arbitration, the parties appoint a neutral third party, an arbitrator, to resolve the dispute. The arbitrator is typically a specialist in a particular business field, for example, manufacturing. However, you may not simply choose to have one arbitrator, as you can choose to have a panel of arbitrators presided over by a chairman.

Before the arbitrator(s) decides on the dispute, they will hear from both parties.

Arbitration agreements and procedures in Florida are governed by a specific set of statues. When a decision is reached in arbitration, that decision is legally binding, meaning the court can legally enforce it. In international litigation cases, another set of Florida Statutes governs the rules for international commercial arbitration.

 

Private Trial / Private Judge

In recent years, there has been a rise in the utilization of private trial for legal dispute resolution. It is a little misleading to call private trial ADR, because a private trial is still a full-blown trial, often in front of a legally binding judge. The main difference is the parties opt to pay a private judge to handle just their matter.

As the name suggests, the private trial process is confidential. That means that the information used as evidence or presented to the private judge is not public information. The confidentiality afforded by utilizing a private trial can be especially beneficial to businesses that value their privacy and protect the business from public scrutiny and possible impact on company stock.

Private trials require up-front payment to the judge for their services, a cost not associated with a public court proceeding. However, the investment may be worthwhile because of the speed of this type of litigation process.

Using a private judge to resolve a business dispute can be very effective. The judge in these proceedings typically has unique expertise in the particular business area or special evidentiary issues involved with the case. Once the parties select a judge, the evidence is informally presented, with the judge customarily rendering a legally binding decision. Like other forms of ADR, using this method saves both parties time and money.

Experienced Counsel to Guide You Through the ADR Process

Regardless of when or how business disputes arise, our commitment is to resolve them effectively and economically in alliance with our clients.

Boyer Law Firm believes that there may be more effective methods of resolution for many commercial disputes than traditional litigation. Furthermore, ADR can significantly reduce the costs and burdens of litigation and result in solutions not available in court. Boyer Law Firms’ attorneys recognize that effective solutions come in many forms. Clients are best served when they can utilize the most suitable means of resolving their dispute from various available options.

International or Cross-Border Commercial Litigation

Globalization of the world’s markets has brought ever-expanding opportunities for international commerce, the effect of which is to connect people, goods, services, and businesses across the globe. However, with globalization comes increased legal, regulatory, political, cultural, financial, and reputational complexity and risk. When an international dispute does occur, it is important to have skilled business litigation attorneys on your side.

When international trade leads to cross-border litigation, the process tends to be complex, often involving multiple proceedings advancing simultaneously in courts of different jurisdictions. Effective management of such disputes requires lawyers who possess a comprehensive knowledge of local law, procedure, and market conditions. In addition, these attorneys must be skilled at combining that knowledge with extensive international experience, a truly global mindset, and a thorough understanding of your company and its goals. We call this Cross-Border Litigation.

Our practice leverages the firm’s zealous team of result-focused international litigation lawyers to safeguard your business interests whenever, wherever and in whatever form a dispute may arise.

In those jurisdictions where Boyer Law Firm does not have an actual presence, the firm has well-established and trusted relationships with local firms that understand our approach to international litigation, our commitment to quality and client service, and who share our global vision. In short, wherever your dispute arises and is to be resolved, Boyer Law Firm has the experienced team to secure the best outcome for your business.

Our multi-lingual team of partners, counsel, and associates (several of whom have substantial experience practicing outside the United States) routinely advise and represent overseas parties in U.S. proceedings – whether they are highly experienced or confronting U.S. litigation for the first time.

How a Florida Business Litigation Attorney Can Help You | Litigation, Trial and Alternatives Options

Commercial litigation can threaten the viability or continuation of a business. The costs of litigation can concern any business watching the bottom line. Still, in some cases, it is an expense that is necessary for continued operations and survival. At Boyer Law Firm, we strive to provide exceptional legal services in a cost-effective approach. Boyer Law Firm consults with businesses to review practices and advise clients in domestic and international litigation prevention strategies. When the anticipation of a lawsuit is on the horizon, Boyer Law Firm stands ready to be called upon to provide skilled guidance to contain the dispute to avert litigation. When litigation is unavoidable, our experienced trial attorneys will zealously pursue our client’s interests while seeking to minimize the costs by way of ADR. If the matter does proceed to trial, Boyer Law Firm is the tenacious advocate that will be on your side.

Contact us to discuss litigation or alternatives to litigation. Our experienced team of attorneys and staff are here to help you.

Skilled Business & Commercial Litigation Attorneys

When your business is confronted with possible domestic, interstate or international litigation, it is paramount to have a skilled business litigation attorney on your side to ensure your company’s best interests are safeguarded. Our skilled attorneys possess a work ethic that is unmatched. Boyer Law Firm will devote the time and resources essential to prepare your case for the greatest chance of a favorable outcome. With decades of business litigation experience, we have the knowledge to present your claim or defense in a way that introduces complex commercial matters easier for judges to comprehend.

No business dispute is too big or complex for Boyer Law Firm’s commercial litigation team to manage. We are committed to fighting vigorously from start to finish to ensure your dispute is resolved in a way that ensures your business thrives for years to come.

Please call (904) 236-5317 to contact the Boyer Law Firm today to schedule your business and commercial litigation consultation. Our Florida law firm has litigated cases all over Florida.

 

Offices in Jacksonville, Miami, and Orlando.