Orlando Business Litigation Attorney
Orlando business litigation is a specialized area of law that deals with legal problems arising from commercial and business contracts and relationships, as well as controversies that occur between businesses and the public. When attempts at negotiation don’t provide the desired results, business litigation is a legal tool that concerned parties use to resolve their conflicts. In a business litigation lawsuit, one party, or in the case of a class action suit, multiple parties will accuse the “litigant” of some type of wrongdoing. Depending upon the complexity of the litigation, these types of legal proceedings may be handled in a state or federal court, or before an administrative agency, a mediator or an arbitrator.
Are you or your business involved in a legal dispute? Taking a lawsuit to court may be the best way to resolve it. But effective business litigation takes skill and the right type of approach, so it’s important to hire a lawyer who brings both to the table.
Throughout Orlando, John Samaan works hard to achieve positive outcomes for clients through highly competent representation. And the firm is committed to providing individual and business clients with the service and attention they need.
Types of Business Litigation Claims in Florida
Breach of Contract
A common type of business litigation claim is the Breach of Contract suit. This occurs when a business or its representative fails to perform services, deliver goods, or make a payment according to a written or verbal agreement made between parties. The business or company that is accused of not following through on what had been agreed to in the contract terms will be defended by a litigation attorney, who will represent the company’s interests and its interpretation of the contract language.
Breach of Fiduciary Duty
The law recognizes that certain individuals with elevated professional responsibilities have a legal duty to act with a greater sense of loyalty, trust and confidence than those in less accountable roles. Trustees of estates, corporate directors, investment advisors, retirement planners and the like are included in this category. However, a business member, partner, or company shareholder may also be sued for Breach of Fiduciary Duty if he or she fails to upkeep required duties or responsibilities, thereby negatively affecting a business or its other members.
Fraud and Deceptive Practices
When a business has not been honest in representing its goods or services it can be sued for fraud, misrepresentation, deception or other types of intentional misconduct. A recent example of this type of practice is lending fraud, wherein a bank or mortgage company induces a homeowner to pay for a mortgage modification with the promise that it will save the home from foreclosure and then reneges on its agreement. The Violations of Securities Law occurs when there is deception that is practiced during the sale of stocks, or other securities. Under Florida law, an aggrieved party who is the victim of civil theft due to fraud, deception, embezzlement, etc., is entitled to three times his or her damages plus reimbursement for attorney fees.
In the United States, antitrust laws prohibit certain types of monopolistic enterprises or attempts at monopolization. When ostensible competitors collude with one another to reduce competition or when companies engage in predatory pricing practices, they can be sued in a court of law for unfair competition.
Doctors, lawyers, therapists, realtors, etc. are all required to abide by certain enforceable behaviors. Professionals who fail to follow accepted standards for their licensed businesses may be sued by anyone harmed by them.
These litigations can involve disagreements over unlawful discrimination, health insurance policies, retirement benefits, unpaid overtime wages, and breaking union contracts, among many other issues, including alleged violations of federal law such as the Fair Labor Standards Act and the Americans with Disabilities Act. Another type of dispute can arise over a non-compete agreement, wherein an employee leaves a business to go to work for the competition after signing a contract not to do so.
These lawsuits may involve defects in building construction, construction delays, payment disputes, and architect and engineering malpractice.
Intellectual Property Litigation
This category covers patent, trademark or copyright infringement; theft or misappropriation of trade secrets; false advertising; theft of proprietary information or technology; and unfair competition, among other issues.
Real Estate Litigation
Disputes between and among buyers, sellers, brokers, investors, developers, landowners, tenants, homeowner and condominium associations, etc. may all be handled by a litigation attorney.
Trust and Estate Litigation
These disputes arise from disagreements concerning a trust or will, accusations of fraud or breach of fiduciary duty against a trustee or executor, or claims of lack of capacity or misconduct on the part of an heir or benefactor.
Shareholder and Partnership Disputes
These lawsuits are often the result of disagreements between business partners or shareholders of closely held corporations. They can involve malfeasance on the part of corporate officers or directors, the suppression of minority shareholder rights, or disparities in a partnership’s operating agreements.
Investment and Securities Fraud
Litigation may follow accusations of stockbroker fraud, investment mismanagement, or any other misconduct related to the sale or transfer of stocks or other types of investment funds.
Whenever a person or business entity indulges in intentional or wrongful meddling in someone else’s contractual or business connections, thereby causing some sort of harm, that person or business can be sued for tortious interference.
Product Liability and Regulatory Compliance
Companies that manufacture and sell products that are defective and have caused, or may cause injury or death because of a defect that is known, or should have been known by the manufacturer, are subject to litigation in class action suits. Examples may include injury due to unsafe automobiles or pharmaceuticals. Similarly, all business and industries must comply with certain regulations promulgated by statute. These may include environmental or other types of laws or policies. When rules are broken, business litigation may be necessary to restore proper observance.
Experienced Business Litigation Firm
As an experienced business litigation firm, we are prepared to aggressively assert your interests in court. We provide knowledgeable, professional and affordable legal advice to businesses of all sizes and types.
Should your case go to trial, you want representation by an attorney who brings the skill and experience for success. At law offices of John R. Samaan, P.A., we handle complex cases effectively and efficiently. We know the rules. We get the facts. We provide strong and compelling arguments to persuade the judge and jury for favorable results. Most importantly, with our proven trial record, we can usually resolve your dispute favorably and successfully by negotiation before trial.
We provide legal services in all areas of business and commercial litigation and dispute resolution from negotiating settlements, mediation, arbitration, litigation, trials, and appeals in various areas, including:
- Breach of Contract
- Breach of Employee Loyalty
- Breach of Fiduciary Duty
- Corporate Dissolutions
- Corporate Leasing Disputes
- Distributorship and Licensing
- Employment Litigation
- Finance and Banking
- Franchise Agreements
- Fraudulent Business Transactions
- Labor and Employment
- Media and Advertising
- Partnership Disputes
- Professional Services Disputes
- Shareholder Derivative Lawsuits
- Theft of Trade Secrets
- Unfair Competition Claims
Legal Representation for Business Litigation Issues
Business litigation often involves complex and intricate matters of law and contract interpretation. Specialists in business litigation are attorneys who have the skill and expertise to understand these matters and the experience to litigate in Business Court, where many of these cases are adjudicated.
John R. Samaan, P.A. strongly believes that each client deserves attentive, personalized service and is prepared to represent your interests in all areas of business and commercial litigation. If you are involved in a legal dispute, contact us for a case evaluation. As a client, you can expect respect, responsiveness, and total professionalism. When you have questions, John R. Samaan, P.A. will take the time to clearly and thoroughly answer them so that you’re never left in the dark.
Contact Us for a Case Evaluation
If you’re involved in a legal dispute, get the legal representation and excellent service you deserve. Contact us today to schedule a consultation and learn more about John R. Samaan, P.A.’s commercial litigation services.