Business Torts: When Can (and Should) Companies Take Legal Action in Florida?

In many cases, protecting a company’s legal rights in a dispute involves pursuing contract-based litigation. But what happens when there isn’t a contract in place? When a company does not have contractual grounds to pursue litigation, it may need to file a business tort claim instead. Learn more from an experienced Miami commercial litigation attorney at Gonzalez Law Offices, P.A.:

Commercial Litigation Involving Business Torts in Florida

Tort law governs business disputes when the parties do not have a contract (or when a dispute falls outside of the scope of their written agreement). Businesses can have tort claims against vendors, contractors, customers, shareholders, and other parties with which they have a commercial relationship, or they can have tort claims against competitors and other unrelated (and potentially unknown) parties.

Just like contract-based claims, tort claims can take many different forms. Some of the more common examples of business torts include:

Breach of Duty

Shareholders, business partners, and other parties can owe statutory and common law duties under various circumstances. Breaches of duties such as the duty of loyalty, duty of good faith and duty of care can provide grounds to pursue legal action in a wide range of circumstances. They can also necessitate prompt legal action in order to mitigate the consequences (or potential consequences) involved.

Deceptive Trade Practices

There is also a wide range of circumstances in which negotiation tactics and competitive practices can cross the line from legitimate business strategies to deception. If a company uses deceptive trade practices to secure a commercial or competitive advantage, this can provide clear grounds to pursue a business tort claim in Florida as well.

Defamation

Defamation involves making false or misleading statements that result in financial or reputational harm. Libel (written defamation) and slander (oral defamation) can both provide grounds to take legal action. Defamation lawsuits often involve claims against competitors and former employees; however, they can also involve claims against other parties that make harmful, false, or misleading statements in person, in writing, to the media, or online.

Fraud

Companies can also have fraud claims against a wide range of parties. While defamation claims require evidence of a false or misleading statement made to a third party, fraud claims can involve false and misleading statements made in private communications and negotiations. Making false statements to induce a business relationship, making false representations in order to justify inflated prices, and making false claims about a product’s capabilities or components are just a few examples of numerous potential grounds to pursue claims for fraud.

Intellectual Property Infringement

Intellectual property infringement is also classified as a business tort. If a company is using your business’s trademarks, patented designs or processes, or copyrighted content without authorization, this is a scenario in which it may be necessary to initiate commercial litigation promptly. This is true whether the infringing party is a competitor, an unknown third party, or a customer that is exceeding the scope of its license. Even when intellectual property infringement is inadvertent, swift legal action can be required to protect a company’s exclusive rights.

Tortious Interference with Business Relationships or Opportunities

Tortious interference claims also arise in scenarios where a company’s oran individual’s competitive efforts cross the line from legitimate to unlawful. While companies and individuals are generally free to compete for commercial opportunities (subject to any applicable contractual restrictions), using false accusations to win business or taking advantage of inside information to usurp an opportunity about which a party would not have otherwise been aware can provide grounds to file a tortious interference claim.

Trade Secret Misappropriation

Trade secret law protects proprietary information that does not qualify for protection under patent or copyright law. Misappropriation of trade secrets can cause significant and potentially irreparable losses for all types of businesses. Here too, initiating litigation promptly can be critical for protecting a company’s legal options and preserving the value of its intangible property.

Unfair Competition

Similar to many of the types of business torts discussed above, unfair competition involves using false or misleading statements to improperly obtain a competitive advantage. If a competitor is misleading potential customers about its products, services or financial standing—or if a competitor is misleading customers about your company’s products, services or finances—your company may be entitled to injunctive relief, damages for lost profits and other remedies.

When Can (and Should) Companies Pursue Business Tort Claims in Florida?

With these examples in mind, when can (and should) companies pursue business tort claims in Florida?

If you have questions about your company’s legal options, this likely means that a call with a Miami commercial litigation attorney is warranted. As discussed above, when businesses have certain types of tort claims, taking legal action promptly can be critical for preserving their ability to recover their losses. In any event, taking legal action promptly can mitigate the risks involved, and it can also help mitigate the costs involved in pursuing appropriate remedies.

An experienced Miami commercial litigation attorney will be able to assist with evaluating all potential claims, identifying appropriate remedies and choosing an appropriate course of action under the circumstances presented. If an immediate lawsuit is warranted, an experienced Miami commercial litigation attorney will be able to go to court on your company’s behalf. If it makes sense to issue a cease-and-desist demand or negotiate first, an experienced Miami commercial litigation attorney will be able to assist with this as well. Your company’s attorney will then be able to help monitor the situation and advise you regarding the next steps going forward.

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

If you need to know more about your company’s legal rights in relation to a non-contractual dispute, we invite you to get in touch. We handle business tort litigation throughout South Florida. To speak with an experienced Miami commercial litigation attorney at Gonzalez Law Offices, P.A. in confidence, please call 305-676-6677 or tell us how we can get in touch online today.