Types of Business Lawsuits We Handle
The Business Trial Group’s West Palm Beach business attorneys have extensive experience handling all types of commercial litigation, corporate, and securities lawsuits. See below to learn more about the types of lawsuits we handle throughout South Florida:
Breach of Contract and Business Torts
The Business Trial Group’s commercial litigation lawyers handle a wide
array of contract disputes on behalf of businesses and individuals on a
contingency-fee basis. Our West Palm Beach contract attorneys regularly
represent clients in lawsuits arising from the sale of a business;
collection of business debts or promissory notes; breaches of employment
contracts, shareholder agreements, and commercial leases; and other
similar disputes. We also have significant experience representing
individuals and small businesses in lawsuits involving:
- Services contracts
- Buy-sell contracts
- Licensing contracts
- Loan agreements
- Supplier contracts
- Asset-purchase contracts
- Franchise contracts
- Entertainment contracts
Depending on the facts of your case and the terms of your contract, our
business lawyers can pursue claims for monetary damages and equitable
relief, including compensatory damages, liquidated damages, specific
performance, rescission, and attorneys’ fees and costs.
Many contract lawsuits also involve claims for breach of fiduciary duty. A fiduciary
relationship can exist whenever a person acts for the benefit of, or
gives advice to, another person, within the scope of their relationship.
In Florida, a fiduciary duty can arise by statute, expressly by
contract, or it can be implied in law.
Both monetary damages and equitable relief may be available when a fiduciary breaches his duties. Moreover, punitive damages may be available in certain instances. These remedies can create the opportunity to recover greater damages than would be available under a traditional breach of contract claim. In addition to breach of fiduciary duty, Business Trial Group attorneys routinely litigate various business tort claims, including:
- Fraud and misrepresentation
- Unfair trade practices
- Misappropriation of trade secrets
- Defamation, libel, and slander
- Conversion or civil theft
- Interference with business relationships
- Tortious interference with a contract
Construction Lawsuits
The Business Trial Group’s construction litigation team is led by a
Florida Bar Board Certified specialist in construction law. Our West
Palm Beach construction attorneys represent owners, contractors,
subcontractors, and design professionals in disputes arising out of
public and private projects throughout Florida. We have successfully
represented clients in both state and federal court, as well as in
arbitration, winning construction cases where millions of dollars were
at stake.
Our contingency fee model is particularly beneficial to individuals,
small businesses, and condominium and homeowner associations that may
not have the resources to finance the significant expenses involved in
complex, multi-party construction litigation. Our lawyers handle a wide
range of construction disputes on a contingency-fee basis, including
those involving:
- Construction defects and deficiencies
- Product and design defects and deficiencies
- Construction liens
- Breach of warranties or construction contracts
- Payment and performance bond claims
- Unreasonable delays and disruptions and extra work claims
- Environmental issues and mold, mildew, and water intrusion claims
- Construction code violations
- Foundation cracks and deficiencies
Our construction lawyers also represent clients with claims for
architect and engineer malpractice. These professionals are required to
use the due care that is usually exercised by a reasonable member of
their profession or trade. If you suffered damages because of a design
professional’s failure to follow the applicable standard of care, our
accomplished construction litigation team can evaluate your claim and
execute a strategy to maximize your recovery.
Employment Lawsuits
Our West Palm Beach employment attorneys represent employees who have
been wrongfully denied compensation, as well as businesses with claims
regarding contractual disputes or unfair competition. If you are having
a contract dispute regarding your business, our employment lawyers can
review the terms of your contract and determine if your rights have been
violated. We also can help evaluate the legal options that are available
to you and determine what compensation you are owed.
The Business Trial Group’s experienced employment lawyers regularly
handle claims for:
- Breach of employment contract
- Breach of earn-out contract
- Breach of a business sale contract
- Executive compensation and benefits
- Wrongful termination
- Unpaid wages, bonuses, or commissions
- Unpaid severance or retirement benefits
- Misappropriation of trade secrets
- Tortious Interference
- Unfair and deceptive trade practices
The Business Trial Group’s employment attorneys represent clients on a
contingency-fee basis and do not charge upfront attorneys’ fees, which
turns the tables on larger companies and ensures that our clients are
not denied justice by wealthier opponents.
Intellectual Property Litigation
Our commercial litigation attorneys prosecute all types of intellectual
property disputes for individuals and businesses, including claims for
copyright infringement, patent infringement, trademark infringement, and
misappropriation of trade secrets. Our West Palm Beach intellectual
property lawyers also regularly handle claims involving:
- Misappropriation of likeness, corporate names, and images
- Trade dress infringement
- Online trademark infringement, including cases involving domain names,
cybersquatting, and unfair use of trademarks in pay-per-click
advertising
- Unfair competition and unfair and deceptive business practices
- False advertising
If you or your business has been the victim of intellectual property
theft, we may be able to help you recover damages, such as your lost
profits, a reasonable royalty payment for the use of your intellectual
property and – in cases of willful infringement – treble (triple)
damages. Our West Palm Beach business lawyers may also be able to
negotiate a licensing agreement with the infringing company as a
practical alternative to litigation.
The perpetrators of intellectual property theft tend to be larger
corporations or businesses that are profiting from misconduct. When
individuals or small businesses are forced to pay hourly attorneys’
fees, the parties’ financial disparity allows the wrongdoers to use the
prospect of a drawn-out, expensive lawsuit to extract an unfair
settlement. Because our contingency-fee intellectual property clients
only pay attorneys’ fees out of the recovery in the case, their
opponents cannot use their financial strength as leverage.
Investment Losses and Securities Fraud
Our securities attorneys represent individuals, corporations, and
investment funds that have suffered losses in stock, bonds, options,
mutual funds, and other types of investments. We also represent clients
in cases involving the churning of brokerage accounts, breach of
fiduciary duty, unauthorized trading, and margin claims. If you believe
you have suffered investment losses, contact our West Palm Beach
securities attorneys for a free, no-obligation consultation to discuss
your case and learn about your legal rights.
Allegations of stockbroker and financial advisor misconduct are
generally resolved through arbitrations held before the Financial
Industry Regulatory Authority (“FINRA”). The rules and procedures of
FINRA are different than traditional lawsuits, so it is important to
hire attorneys well-versed in securities arbitration to handle your
case. Our West Palm Beach investment attorneys have handled FINRA
arbitrations throughout the country and have helped many investors
recover compensation for losses incurred as a result of securities fraud
and mismanagement.
Legal Malpractice and Professional Liability
When professional services are performed in a substandard manner, it can
cause tremendous harm to the clients who put their trust in these
professionals. Business Trial Group attorneys are committed to holding
professionals responsible for their misconduct and helping our clients
receive proper compensation for their losses. Our business lawyers have
significant experience representing clients who have been harmed by
professional malpractice, including claims for:
Attorney Malpractice
Lawyer malpractice occurs when an attorney fails to exercise due care in
handling a legal matter, causing harm to the client. Attorney negligence
and legal malpractice can occur in either a litigation or transactional
context, and in all areas of the law, including personal injury,
commercial litigation, land use, real estate, corporate, tax, probate
and estate, and contract drafting.
Attorneys in Florida must comply with the Florida Rules of Professional
Conduct, which are established by the state’s Supreme Court. If an
attorney fails to adhere to the Rules of Professional Conduct, legal
malpractice may have occurred. Our West Palm Beach legal malpractice
attorneys represent individuals and businesses that have been harmed by
the negligence or intentional acts of all types of attorneys, as well as
cases involving fee disputes with attorneys.
Accountant Malpractice
Certified Public Accountants (“CPA”) are bound by a strict code of
professional conduct. When accountants fail to conform to Generally
Accepted Accounting Principles (“GAAP”) and Generally Accepted Auditing
Standards (“GAAS”), they may be committing accounting malpractice. Our
West Palm Beach accountant malpractice lawyers represent individuals and
businesses with claims such as:
- Filing improper tax returns
- Improper tax advice
- Improper maintenance of records
- Improperly audited financial statements
- Failure to detect fraud and embezzlement
- Incorrect reports to stockholders
- Accountant overbilling
Accountant negligence and accounting malpractice lawsuits can be
extremely complicated and often hinge on legal interpretations of
technical rules or accounting standards. Our accountant malpractice
attorneys have a deep knowledge of accounting and finance principles,
which will help you to determine the value of your claims and evaluate
your legal options.
Insurance Agent Malpractice
When insurance agents or brokers fail to competently perform their
duties, it can leave their insured with significant financial damages,
but little or no insurance coverage. Our West Palm Beach insurance
malpractice attorneys can help you file a lawsuit when agents of brokers
fail to properly protect you. Our insurance agent negligence attorneys
will work with you to recover the damages that have been caused by your
agent’s or broker’s failure to procure the appropriate policy or
coverage.
Our lawyers are experienced at litigating a diverse array of agent and
broker malpractice cases involving homeowners insurance, general
liability insurance, life insurance, car insurance, and many other types
of policies. The Business Trial Group can assist you in bringing claims
for negligent failure to procure insurance, insurance agents or brokers
breach of fiduciary duty, breach of contract to procure insurance, and
agents’ or broker’s misrepresentations.
Some common examples of insurance agent or insurance broker malpractice
include:
- Failure to obtain the requested insurance coverage
- Selling inadequate or inappropriate coverage
- Failure to properly advise clients of coverage and exclusions
- Failure to account for changes in the insured’s circumstances
- Misrepresentations regarding the type, breadth, or amount of coverage
- Errors that lead to coverage being canceled or lapsing
- Submission of inaccurate information on insurance forms and
applications
Florida Professional Malpractice Statute of Limitations
In Florida, the statute of limitations for filing a professional
malpractice case (other than medical malpractice) is two years from the
time that the malpractice was discovered or should have reasonably been
discovered. Because of the two-year statute of limitations, it is
important that you contact a professional malpractice attorney as soon
as possible to discuss your legal rights.
Real Estate Litigation
The Business Trial Group’s real estate attorneys represent purchasers,
sellers, brokers, developers, appraisers, landowners, and tenants
throughout South Florida. Our lawyers handle all types of real estate
disputes, including claims for design and planning negligence, easements
and title disputes, breaches of commercial leases and purchase and sale
agreements, landlord-tenant disputes, inverse condemnation, and real
estate commission disputes.
Our real estate attorneys also represent clients who have been damaged
by the wrongful conduct of a real estate broker or agent. We handle
claims involving real estate brokers’ and agents’ failure to disclose,
breaches of fiduciary duties, misrepresentations, and conflicts of
interest. Because our West Palm Beach real estate attorneys work on a
contingency-fee basis, our clients pay no upfront legal fees and we only
receive only a fee if we are successful in obtaining a recovery.
Shareholder & Partnership Disputes
Our West Palm Beach business attorneys are experienced at navigating the
complex issues involved in disputes between small business owners,
partners, and shareholders. We frequently represent clients in
shareholder derivative litigation when majority partners, officers,
directors, or board members commit misconduct that causes harm to the
corporation. Our Palm Beach shareholder oppression attorneys also
represent minority owners that have been denied their right to
participate in, or enjoy financial returns from, a company.
Business Trial Group lawyers handle a wide range of partnership
disputes, dealing with real estate, medical, accountant, and law firm
partnerships, among others. We have successfully represented clients
throughout South Florida that were victimized by dishonest partners in
control of company assets and partners who were wrongfully ousted by
controlling management. Some common partnership disputes our business
lawyers handle include:
- Violations of partnership agreements, operating agreements, or bylaws
- Breaches of fiduciary duty
- Ownership and management conflicts
- Inappropriate executive compensation
- Misappropriation of assets and corporate theft
- Negligent or self-dealing management
The Business Trial Group also frequently handles disputes and litigation
concerning mergers and acquisitions, buying or selling a business, and
other complex business transactions.
Trust and Estate Litigation
Our West Palm Beach probate attorneys are committed to protecting our
clients’ inheritance rights. We represent beneficiaries that are owed an
inheritance, such as money, personal property, or real estate under a
trust or will. Our accomplished trust and estate litigation attorneys
are also experienced at handling claims for:
- Undue Influence
- Lack of Capacity
- Inadequate formalities
- Fraud
- Mistake
- Breach of fiduciary duty
- Removal of fiduciary
- Surcharge Action
In Florida, personal representatives of estates, guardians, and trustees
are all fiduciaries and, therefore, must act within the highest legal
and ethical standards. Fiduciaries that fail or neglect to manage assets
with the utmost care and professionalism can be held liable for breach
of trust or breach of fiduciary duty. The Florida trust code sets forth
the standards of care that are applicable to personal representatives
and trustees:
- Duty of loyalty: Fiduciaries must act solely in the interests of
the beneficiaries.
- Duty of impartiality: If there are two or more beneficiaries, a
fiduciary must act impartially in administering property.
- Duty of prudent administration: A fiduciary must consider the
purposes, terms, distribution requirements, and other circumstances of the
estate or trust. In satisfying the standard, the fiduciary must exercise
reasonable care, skill, and caution.
- Duty to account: A fiduciary must keep beneficiaries informed of
the administration and formally account for the assets.
If you need a probate litigation attorney or a trustee has violated the
duties owed to you as a beneficiary of a will or trust, contact the
Business Trial Group today for a no cost and no-obligation case review.
West Palm Beach Contingency-Fee Business Litigation Attorneys
Our West Palm Beach business attorneys handle disputes on a
contingency-fee basis, so you will not pay attorneys’ fees unless we
prevail, and any fees will be paid solely from the recovery in your
case. This contingency-fee structure stands in stark contrast to
traditional hourly billing, which can be extremely expensive for small
businesses and individuals, often preventing them from seeking legal
recourse through litigation. We believe that employees have the right to
file lawsuits and gain justice, and shouldn’t be hindered by the
hundreds of thousands of dollars they may have to pay in up-front legal
fees.
Find out more about contingency-fee business litigation.
Florida’s Largest Contingency-Fee Law Firm
Morgan & Morgan has grown to be the largest contingency law firm in the United States, with over 200,000 clients and 350 attorneys throughout the
country. Because of our law firm’s size and financial strength, we can turn the tables on corporate defendants that try to
overpower smaller businesses or individuals. Our West Palm Beach business
lawyers have the resources and technology to take on the most complex
commercial litigation cases and go head-to-head with the largest
corporate firms in the country.
From four South Florida offices, the Business Trial Group handles
commercial litigation cases throughout Palm Beach, Martin, and St. Lucie
Counties. We represent clients in West Palm, Palm Beach, Boca Raton,
Wellington, Palm Beach Gardens, Jupiter, Boynton Beach, Delray Beach,
Stuart, Hobe Sound, Port St. Lucie, Vero Beach, and Fort Pierce. Because
of our numerous offices, strategically located throughout the state, we
can aggressively pursue our clients’ causes, regardless of the venue.
To find out more about the West Palm Beach commercial litigation attorneys of the
Business Trial Group and for a free, no-obligation confidential case
review, call us today at (561) 227-5858 or complete the
case evaluation form.
