As experienced business litigation and arbitration lawyers based in Fort Lauderdale, we can help you resolve the types of challenges and disputes that many businesses experience from time to time.
Whether you are an established corporation requiring legal guidance and representation or you are a startup facing the initial legal challenges involved with incorporating a business here in Florida, we provide the experienced legal counsel you need.
From solving contract breaches and intellectual property claims to providing assistance with fiduciary duty disputes, our team of lawyers is well-versed in all types of business litigation and arbitration.
What is business litigation?
Business litigation is the process of handling disputes that relate to business transactions between individuals or companies.
In most cases, this involves a contract of some sort – either written or verbal – or statutory obligations.
Examples of situations where business litigation may be required include:
- Tenancy contract disputes
- Sale of goods or services disputes
- Intellectual property disputes
- General breach of contract
A good business litigation lawyer will generally seek an early resolution to disputes. An out of court settlement may be favorable if it is in the long-term best interests of the client.
In the event that an early resolution settlement cannot be reached, your dispute will likely proceed to trial.
What is business arbitration?
Business arbitration is the process of intervening in disputes and establishing resolutions that are acceptable to all parties.
It is imperative that the person who intervenes as an arbitrator is an impartial person. In arbitration, the arbitrator acts as the judge and makes a final decision in the resolution of your dispute.
The legal rules of evidence do not apply and it is a more informal process than litigation. There are no witnesses involved but all sides in the dispute will present evidence.
However, it is a more formal process than mediation, in which there is no hearing.
Business arbitration is often a viable alternative to business litigation and avoids many of the expensive legal costs and adversarial aspects associated with a court case. Unlike mediation, the arbitrator’s decision is legally binding on all parties.
What services do we provide?
At Bryant Taylor Law, we provide a full range of business litigation and arbitration services for established businesses and startups in the Fort Lauderdale area.
Technology and startup companies
Technology and startup companies have specific legal requirements with respect to:
- Formation and structure
- Co-founder agreements
- Shareholder agreements
- Licensing and service level agreements
- Commercial transactions
- Contract drafting
- Protecting intellectual property
- Partnership and joint venture agreements
- GDPR and data protection
- Website and app policies (privacy, cookies, terms of business, etc.)
We cover all the common legal needs of startups, providing valuable legal insight at every step of your incorporation and growth.
Real estate litigation
There are unique rules and regulations that apply to real estate transactions in Florida.
When there are disputes over real estate deals, ownership, or other matters dealing with real estate, the stakes are usually very high.
The experience and business-minded approach of our lawyers can assist in all aspects of real estate litigation, including:
- Contractual disputes
- Restructuring loan agreements
- Security enforcement
- Modifying debt and equity
- Recovering assets (secured or unsecured)
- Managing assets
- Acquiring new assets
We can represent you in:
- State and federal court
- State and federal agencies
- Arbitral organizations
- Other dispute resolution centers
Our real estate litigation services are intended for a wide range of business professionals, including:
- Real estate owners
- Real estate developers
- Secured lenders
- Loan participants
Shareholder and corporate disputes
Shareholder and corporate dispute litigation and arbitration is a complex area of law that can take considerable time to resolve.
It requires the experienced guidance of business-focused attorneys who are prepared to fight for the best interests of the client, even if it means going to trial.
We can assist in resolving shareholder and other disputes between:
- Private corporations
- Limited Liability Companies (LLCs)
- Other business entities
The nature of these disputes is broad, and may include:
- Governance issues
- A disputed future direction of a company
- Breaches of contract
- Breaches of fiduciary duty
- The amount of compensation paid to principals
- Buyouts, mergers, and acquisitions
- The rights of minority owners
- Fraud and business torts
- Partnership/joint venture disputes
Libel and slander
Libel or slander can seriously affect the reputation of your business. Whether it is a verbal or written attack, vigorously defending your name should be an immediate priority if you are affected by libel or slander. Business-focused attorneys who are experienced in libel and slander cases can help you reach a favorable settlement that minimizes the effects on your business and compensates you for any damage caused.
This includes cases of libel or slander in:
- Newspapers or magazines
- Television or radio
- Advertising material
- Websites and internet chatrooms
We can also defend you or your organization if you have been accused of libel or slander.
Trademark and trade secret
Your trade secrets are your competitive advantage and, as such, must be vigorously defended. A trade secret attorney can defend your business from infringements under the trade secret laws. These protect the confidentiality of your proprietary information, and may include:
- Program devices
Your trade secret lawyer will help you identify what qualifies as a trade secret in your business. Trademarks are also proprietary information but they must be registered to qualify for protection under the laws. Our trademark lawyers will assist you with the process of registering, renewing, monitoring and defending your trademark, copyright or patent.
Employment, non-disclosure, and non-competition litigation
At times, businesses may face legal challenges from the actions of current or former employees. This can relate to the confidential information that your business holds and which employees or former employees have/had access to in order to carry out their roles. When employees leave, they may move to a competitor. This can create issues for your business. You can protect your organization from the threat of your employee leaving with your confidential information by using:
- Non-disclosure agreements
- Non-competition agreements
- Non-solicitation agreements
If the employee fails to comply or breaches these agreements by disclosing information to their new employer, it can severely affect your business and litigation may be required. This is a complex area of law that requires the experienced hand of business and employment attorneys well versed in non-disclosure and non-competition.
We also represent businesses that are threatened with a non-competition lawsuit from another organization. Our team can assist is protecting your business by drafting tailored agreements for your employees to sign.
Your intellectual property is essentially your competitive edge. As such, you need to vigorously protect it. We can help you take the measures required to protect your IP and, if necessary, engage in litigation if it is threatened or challenged.
Some areas of IP litigation that we can assist with are:
- Copyright and patents
- Trademark and trade secret litigation
- False advertising
- Unfair competition
- Domain name and Internet disputes
- Franchise disputes
- Antitrust litigation
- Non-compete and non-solicitation agreements
The focus is always on averting potential losses for your business and receiving adequate compensation for any financial damage caused.
In any corporation, conflicts can arise with regard to the fiduciary duties of employees. Loyalty, trust, and confidence can be eroded and problems can arise relating to:
- Conflicts of interest
- Breach of trust or confidence
- Not acting in the best interests of a client
- Improper handling of funds
- Inappropriately favoring the interests of one client over others
- Betraying client confidentiality
These are complex matters and the stakes are often high. Fiduciary duty disputes require experienced legal counsel to bring to a satisfactory conclusion. Our lawyers will work with you to solve breaches of fiduciary duty in your best interests.
We will also represent you if you are accused of a breach of fiduciary duty.
General breach of contract
Many business disputes stem from a breach of contract.
A few examples include:
- Licensing contracts
- Asset-purchase agreements
- Business debts
- Construction contracts
- Commercial leases
- Employment contracts
Where a party is in breach of contract, litigation may result. However, there may also be opportunities to settle out of court, if it is in your best interests. Our lawyers can work with you to resolve a breach of contract dispute whether you are the injured party or the accused party.
Franchise dispute litigation and arbitration
Franchise agreements are the source of many business disputes.
Our lawyers have worked with many franchisees and franchisors to seek timely resolution of such disputes. In most cases, there is much at stake, including livelihoods and brand reputations.
Some common types of franchise disputes include:
- Non-compliance with a franchise agreement
- Non-disclosure or misrepresentation claims
- Unfair or deceptive trade practices
The finer details of franchise agreements are important and disputes can be complex.
Problems, therefore, require experienced franchise litigation and arbitration lawyers to intervene on your behalf and aggressively defend your best interests as the franchisee or franchisor.
Our appellate litigation attorneys can represent you in an appeal, where a higher court reviews a decision from the trial court or an administrative agency.
We will review your case, including trial transcripts and evidence and determine the grounds, if any, that exist for an appeal.
We can help you prepare your appeal if you feel you have been harshly treated in a tribunal court at either state or federal level.
Contact a Business Litigation or Arbitration Lawyer Today
If you need any legal assistance related to business litigation or arbitration please contact us at (954) 282-9331 or book a consultation online.