2025 Year in Review: Key Insights for Business Leaders Facing Disputes in Florida

It’s hard to believe, but 2025 is nearly over. With a new year just around the corner, we thought we would take a moment to reflect on some of the insights we shared throughout the year. Our Miami commercial litigation attorneys published several articles for Florida business leaders throughout 2025, and these articles contain insights that business leaders can carry forward into 2026.

10 Resources for Florida Businesses Facing Disputes Heading Into 2026

What do you need to know if your Florida business is facing a commercial dispute heading into 2026? Here are 10 resources that will help you make informed and strategic decisions:

1. Understanding Florida’s Unique Business Litigation Laws

When facing a commercial dispute, making informed decisions starts with gaining a clear understanding of your business’s legal rights and legal options. While the terms of the parties’ agreement play a central role in contract-based commercial disputes, Florida law plays a central role in all types of commercial disputes as well.

Taken as a whole, Florida’s business litigation laws are unique in many respects. For an overview of some of Florida’s key legal principles, you can read: How Florida’s Business Litigation Laws Differ from Other States.

2. Practical Considerations for Resolving Disputes Between Business Partners

When a dispute involves a disagreement among business partners, a key consideration for all parties involved is whether to try to keep the business’s ownership structure intact. If the partners ultimately want to continue working together, then targeting an amicable resolution will most likely be best. However, if one or more parties want to exit the business, this is a very different scenario. Learn more: 7 Practical Considerations for Resolving Disputes Between Business Partners.

3. Understanding the Issues that Can (and Do) Lead to Commercial Contract Disputes

Many types of business disputes involve contractual relationships. While a well-drafted contract can help mitigate the risk of facing a commercial contract dispute, neither party can compel the other to comply—at least not without going to court.

But knowing the types of issues that can (and do) lead to commercial contract disputes can help business leaders make informed and strategic decisions during and after the contracting process. For an overview of some of these issues, you can read: 10 Common Issues in Commercial Contract Disputes in South Florida.

4. Understanding What Constitutes (and What Doesn’t Constitute) a Breach of Contract

Pursuing contract-based commercial litigation involves filing a claim for breach. So, what constitutes a breach (and just as importantly, what doesn’t)?

As you might expect, the answer to this question depends on the specific facts (and the specific contract terms) at hand. However, there are some overarching principles, and these principles are good for business leaders in Florida to know. Learn more: Breach of Contract in Florida: What Business Owners Need to Know.

5. Understanding When Businesses Can Pursue Litigation Without a Contract in Place

While many commercial disputes involve contracts, some do not. In these cases, businesses’ claims are based on relevant statutory or common law principles. These “business torts” can take many different forms, and they can entitle businesses to varying remedies depending on the specific factual and legal circumstances involved. If you have questions about taking legal action when your business can’t rely on contractual protections, you should read: Business Torts: When Can (and Should) Companies Take Legal Action in Florida?

6. Fraud: A Potential Claim in Both Contractual and Non-Contractual Business Disputes

Fraud is a common issue in the commercial context. Businesses can pursue fraud claims with or without a contract in place, and fraud claims can involve an extremely broad range of misrepresentations, misleading statements, and omissions. With that said, not all forms of deception constitute fraud, and if your business is facing financial or reputational harm, you will need to ensure that you have a clear and comprehensive understanding of the legal options your business has available. You can learn about these legal options here: When Can (and Should) Your Florida Business Pursue a Claim for Fraud?

7. Knowing What Not to Do in Order to Protect Your Company from Commercial Litigation

As a business leader, knowing what you need to do to protect your company and knowing what you need to avoid doing to protect your company are equally important. When you are in charge, mistakes can prove very costly. To learn what not to do in order to protect your company from commercial litigation in Florida, you can read: Top 5 Mistakes Businesses Make That Lead to Litigation.

8. Yes, the “Boilerplate” Terms in Your Business’s Contracts Matter

While many business leaders pay close attention to the substantive terms of their companies’ agreements, many business leaders gloss over the “boilerplate” terms at the end. However, these terms are important, and they can become especially important when a dispute arises. To learn some key insights about common “boilerplate” terms, you can read: 10 “Boilerplate” Terms that Can Play a Critical Role in Commercial Litigation.

9. One of the Most Common “Boilerplate” Terms is a Mandatory ADR Clause

One of the most common “boilerplate” terms in commercial contracts is a mandatory alternative dispute resolution (ADR) clause. These clauses require the parties to submit disputes to mediation or arbitration, though exceptions often apply. If your business is facing a contractual dispute in Florida, reviewing the contract’s mandatory ADR clause will be critical for determining what options you have available. Learn more: Mediation and Arbitration Clauses: What Florida Business Owners Need to Know About Mandatory ADR.

10. Understanding When It Makes Sense to Engage Litigation Counsel for a Commercial Dispute

Finally, when facing a commercial dispute, it is important to engage legal counsel at the appropriate time. While you don’t want to engage counsel too soon, you also don’t want to wait too long. So, when is the right time to make the call? To find out, you can read: Commercial Disputes: When Should You Hire an Attorney?

Schedule a Call with a Miami Commercial Litigation Attorney at Gonzalez Law Offices, P.A.

If you would like to speak with a Miami commercial litigation attorney at our firm about a dispute, we invite you to get in touch. To schedule a confidential consultation, please call 305-676-6677 or tell us how we can help online today.