Commercial Litigation

Disputes and even litigation are oftentimes part of doing business. It is vital for businesses in South Florida to have experienced legal counsel in their corner.

At Gonzalez Law, we help clients navigate disputes with competitors, business partners, employees, vendors, and others. We take a calculated approach, tailoring our legal strategy to each individual client’s business needs and objectives. 

Our Miami commercial litigation attorneys often work as long-term advisors to business executives, helping them comply with legal obligations, spot potential issues early on, and resolve disputes effectively. We work diligently so that clients can focus on doing what they do best: running their businesses.

Contract Disputes

Contracts are a key tool for business operations for companies large and small across industries. They are so routinely used in business that the specifics can sometimes be overlooked, leading to disputes down the road. Disputes over contracts can threaten to derail a company’s operations.

The Miami commercial litigation attorneys at Gonzalez Law commonly see disputes over:

• Shareholder Agreements
• Partnership Agreements
• Distribution Agreements
• Vendor Agreements
• Non-Compete Agreements
• Employment Agreements

A seasoned lawyer at our firm will help you review these and other contracts to ensure that everyone involved understands their rights and responsibilities. Our attorneys can also help you prevent possible disputes and other complications by proactively addressing potential issues during the negotiation and drafting of the contract. However, some contract disputes are not resolved without litigation.

Breach of contract is a common legal claim in which an individual or business sues another party, alleging that the defendant failed to honor its obligations under a contract and caused financial injury as a result. A person or entity suing for breach of contract can ask a court to order the defendant to pay monetary damages related to the harm caused or to order the defendant to carry out its responsibilities under the agreement.

Partnership Disputes

Even business partners that have successfully worked together for decades do not always see eye to eye. Disputes can and do arise. They most commonly involve disagreements about:

• Capital contributions
• Profit distributions
• Partnership agreements
• Strategic decisions
• Conflicts of interest
• Financial reporting
• Buyouts

Our lawyers help business leaders address these disagreements and explore the full range of options for getting them resolved with minimal interruption to business operations.

Fortunately, there are a number of legal tools available for resolving these disputes. Our Miami commercial litigation attorneys can help you resolve these disputes effectively and on favorable terms.

Common Commercial Disputes

Our firm handles a full range of commercial disputes. Some of the most common include claims related to:

• Unfair trade practices: Unfair business practices harm consumers and other businesses alike by stifling competition.
• Business torts: These claims involve legal duties other than those set out in a contract. They can include interference with contracts, fraud, embezzlement, and misappropriation of trade secrets.
• Collections: These cases can quickly become complex, especially when they involve numerous business transactions over long periods of time.
• Construction disputes: Building and construction disputes routinely turn on breach of contract claims, whether they stem from liens, defects, delays, or zoning and land use.
• Employment: Claims of discrimination, harassment, or wrongful termination and disputes over non-compete agreements and unpaid wages or overtime are among the most common.
• Insurance: Businesses have the right to fight back against insurers who try to avoid paying benefits or offer pennies on the dollar for valid business interruption and other claims.
• Breach of fiduciary duty: Corporate officers and directors owe a general duty of care and specific fiduciary duties to the company and its shareholders. Self-dealing and conflicts of interest and widely considered breaches. 
• Trade secrets violations: Florida’s trade secrets law allows companies to seek compensation and other remedies for the misappropriation of certain sensitive information deemed a trade secret. This is a valuable tool to protect businesses from unfair or illegal competition.

Our lawyers have dedicated their careers to helping clients resolve these and other disputes. We work closely with individuals and businesses that we represent, keeping them apprised of their rights and options throughout the process and ensuring that we are aligned with their objectives.

Working with Miami Businesses

Gonzalez Law regularly provides business advice and consultation services. We help clients set long-term legal strategies that are specific to their goals.  

Our commercial litigation attorneys work in concert with our clients’ in-house counsel and senior management. We also provide fractional general counsel services to companies. 

There is no reason to go it alone. Having a seasoned attorney by your side will help you protect your company’s interests.

Experienced Trial Lawyers Handling High-Stakes Commercial Litigation

Commercial litigation is the core of our practice. Each Miami commercial litigation attorney at our firm has deep experience representing companies in high-stakes litigation, and we are trial attorneys first and foremost. We are committed to protecting our clients’ interests by all legal means available, and we do not hesitate to litigate our clients’ cases through trial when necessary.

We handle commercial litigation involving both contractual and non-contractual disputes in state and federal courts. While our offices are in Miami, we are able to provide representation for commercial litigation throughout Florida. Whether your company is based in South Florida or your company is facing a dispute with a vendor, customer, or another party based in South Florida, we can provide the trial representation your company needs.

Pre-Trial Strategy: Winning Commercial Disputes Without Going to Trial

While we prepare every case for the possibility of trial, we also emphasize leveraging the tools that are available to us at the pre-trial phase. When we can protect our clients’ interests without going to trial, we do.

Every case is unique; and, to be clear, there are no guarantees in commercial litigation. With this in mind, some examples of pre-trial strategies that we are often able to leverage to our clients’ advantage include:

• Conducting thorough investigations and comprehensive pre-trial discovery in order to gather the evidence we need to support pre-trial motions or secure leverage for settlement negotiations;
• Engaging in pre-trial motions practice to eliminate potential claims and defenses, narrow the focus of the litigation, and seek a favorable and final resolution prior to trial; and,
• When warranted, engaging in settlement negotiations focused on protecting our clients’ interests, both now and in the future, without the need for a trial.

As trial attorneys, we emphasize ensuring that we will be fully prepared to fight for our clients’ interests in court when their trial date arrives. But, we also know that incurring the costs of litigating a dispute through trial won’t always be in our clients’ best interests. With this in mind, our approach to commercial litigation can best be described as pragmatic: We do what it takes to win for our clients—nothing more and nothing less.

Alternatives to Litigation: Resolving Commercial Disputes Out of Court

In addition to representing companies in commercial litigation, we also represent companies in commercial alternative dispute resolution (ADR) proceedings—including mediation and arbitration. We handle ADR proceedings mandated by contract, mandated by the courts and voluntarily pursued as an alternative to courtroom litigation.

Commercial Mediation

Commercial mediation involves working with a neutral third party (the mediator) to resolve the parties’ dispute without the neutral third party issuing a binding decision. If commercial mediation is successful, it will end with the parties entering into a settlement agreement. Just like settlements reached outside of mediation, the terms of a settlement reached through mediation can run the gamut—from agreeing to find a way to work together to agreeing to part ways.

For commercial mediation to work, both parties need to be committed to the process. This doesn’t necessarily mean that they need to be committed to settling, but it does mean that they need to be committed to considering reasonable settlement options in good faith. When representing business clients in mediation, our commercial litigation attorneys work closely with their owners and executives to help them make informed and strategic decisions taking into account all potential risks, contingencies and alternatives.

Commercial Arbitration

Commercial arbitration differs from mediation in that it ends with a binding decision (unless the parties agree to settle during the process). While commercial mediation is more akin to structured settlement negotiations, commercial arbitration is more akin to a mini trial. During commercial arbitration, both sides take discovery and present their arguments and evidence to the arbitrator or arbitration panel, and then the arbitrator or arbitration panel renders a decision that is enforceable in accordance with applicable law.

Today, many commercial contracts require the parties to submit their disputes to arbitration rather than pursuing litigation in court, with exceptions for circumstances in which emergency injunctive relief is required. Arbitration clauses in commercial contracts are generally enforceable—as are provisions regarding things like jurisdiction, venue, governing law, and liability for attorneys’ fees. If your company is facing a dispute involving a contract that contains mandatory arbitration provisions, a Miami commercial litigation attorney at our firm can review the relevant contract provisions and explain what they mean for asserting your company’s rights going forward.

Speak With a Miami Commercial Litigation Attorney

If you are looking to resolve an active or potential business dispute in Florida, Gonzalez Law can help. Our office is conveniently located in Miami, and we are proud to serve clients across Florida. Call us at 305-676-6677 or contact us online to speak with a Miami commercial litigation attorney.

FAQs: Commercial Litigation

What Types of Commercial Litigation Does Gonzalez Law Offices, P.A. Handle?

Our law firm handles all types of commercial litigation in South Florida and elsewhere. This includes commercial litigation involving contract disputes, insurance coverage disputes, unfair competition claims,  breach of duty claims, and a wide range of other causes of action.

How Do I Find Experienced Local Counsel for Commercial Litigation in Miami?

If you need experienced local counsel for commercial litigation in Miami, we strongly encourage you to contact Gonzalez Law Offices, P.A. We represent commercial clients in South Florida’s state and federal courts, and we are more than happy to discuss our experience with you so that you can make an informed decision about your choice of local litigation counsel.

Can You Get Around a Mandatory Mediation or Arbitration Clause in a Commercial Contract?

In most cases, the answer to this question is “No.” Mediation and arbitration clauses in commercial contracts are generally enforceable, and courts will generally uphold the terms of an arm’s-length commercial transaction. With that said, there are exceptions, and if your company is facing a high-stakes dispute, it is well worth ensuring you make informed decisions.

What Happens if Commercial Mediation is Unsuccessful?

If commercial mediation is unsuccessful, then the process simply ends. At this stage, the parties are free to pursue litigation in court, unless they are bound by a contract that requires both mediation and arbitration.

When Is It Time to Contact a Miami Commercial Litigation Attorney?

We recommend consulting with a Miami commercial litigation attorney as soon as you have questions or concerns about a potential dispute. Acting promptly can help preserve all viable options, and taking a proactive approach to commercial dispute resolution can help facilitate an efficient resolution in many (but not all) cases.