In a competitive business environment, disputes are almost inevitable. Various types of business disagreements could end up in court. If you or your business are involved in a business disagreement with legal implications, contact a Groveland commercial litigation lawyer.
Working with a local attorney who has experience handling business litigation matters has countless benefits. A skilled litigator is often as adept at keeping matters out of court as they are at winning cases that go to court. However, if a judge or jury must settle the issue, you could rely on a legal professional to present a persuasive case and maximize your chances of getting your desired results.
Commercial litigation is a challenging area of law because practitioners require wide-ranging legal knowledge to handle these disputes effectively. A Groveland attorney representing businesses in commercial litigation must understand the Uniform Commercial Code, corporate governance, real estate, taxation, employment, and contract law. Depending on the nature of the business or dispute, a legal professional may need to be familiar with environmental law, securities law, and other disciplines.
Many commercial disputes involve employment and termination agreements, non-disclosure agreements, and sales contracts. Disputes around dissolving partnerships and closely held corporations may lead to commercial litigation. A commercial litigator could also handle cases involving:
Any controversy involving a corporation or partnership could be a matter for a commercial litigator.
A legal professional could find out your goals in a particular matter. They could collect evidence supporting your position and countering the other side’s evidence, prepare and file a lawsuit, negotiate throughout the process, and reach a satisfactory resolution as efficiently as possible.
Many commercial contracts contain a clause requiring the involved parties to submit a dispute to mediation or arbitration, known collectively as alternative dispute resolution (ADR). Courts typically enforce these provisions. If ADR produces a settlement, it can be faster and less expensive than litigating a matter in court.
Mediation is an informal process where the parties meet with a neutral third party to negotiate a workable solution. The mediator is a facilitator and does not impose their opinion on the parties. If mediation does not resolve the dispute, the involved parties must take the matter to court.
Arbitration is more like a court hearing but less formal. The arbitrator hears evidence and witnesses from both sides and then renders a decision, which the parties must abide by. A Groveland commercial litigation attorney could persuasively present legal and factual arguments supporting your position.
Disputants in commercial matters could seek several types of damages depending on the type and subject matter of their business conflict. An experienced attorney in Groveland could explain the damages that might be available through commercial litigation in a specific case.
Many commercial contracts contain liquidated damages clauses, which set the penalty one party must pay the other if they breach the agreement. Florida Statute § 672.718 describes liquidated damages clauses in contracts for the sale of goods.
Financial damages may resolve the issues involved in many commercial disputes. The party filing the lawsuit (plaintiff) seeks money to cover the financial losses they experienced due to the conduct of the other party (defendant). A court might award money damages to cover lost profits, lost business opportunities, the value of any damaged property, and similar losses.
Punitive damages, as the name suggests, are intended to punish one party for disreputable conduct. A court could order punitive damages if one party behaved intentionally, knowing their actions would harm the other party. Punitive damages could also be awarded if one party exhibited gross negligence, which is a willful failure to consider the likely damage an action would cause another party.
Sometimes, money is not an adequate remedy to make a plaintiff whole again. In such cases, a plaintiff could seek equitable relief. There are two forms of equitable relief a judge might order.
An injunction is a court order barring a party from engaging in specific conduct. Most injunctions are temporary and preserve the status quo until a judge can make a final decision. Other injunctions are permanent and force a party to refrain from an action forever.
Specific performance is a court order demanding a party comply with the terms of a contractual agreement. For example, perhaps two parties had an agreement to sell an item at a given price, but the market for the item collapsed before the sale could close. Although it might now be worth much less than the agreed price, a judge could order the specific performance of the sale contract. The buyer would have to complete the sale as agreed.
Business conflicts often raise multiple issues across complex legal areas. You need an attorney with a broad range of knowledge and experience to achieve a favorable result. A Groveland commercial litigation lawyer offers deep knowledge of business law and local rules and regulations. Reach out today to speak with a seasoned commercial attorney.
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