Category: Commercial Litigation & Business Disputes

Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800

Understanding Common Types of Commercial Litigation [Infographic]

April 25, 2025

Commercial litigation encompasses various disputes businesses may face, often requiring expert legal representation.

Breach of contract occurs when one party fails to fulfill obligations in a legally binding agreement, often due to ambiguous terms, leading the aggrieved party to sue. Intellectual property litigation addresses issues like trademark, patent, or copyright infringement, necessitating specialized IP attorneys for resolution.

Employment disputes challenge businesses with claims of wrongful termination or discrimination, requiring lawyers skilled in employment law to navigate these sensitive issues.

Product liability cases arise when defective products allegedly cause harm, involving claims of design flaws, manufacturing errors, or insufficient warnings, making experienced legal defense crucial for businesses.

Securities class actions allow investors to collectively seek compensation for losses incurred due to fraudulent activities like insider trading or financial misrepresentation.

Each litigation type demands tailored strategies to protect businesses and resolve disputes effectively.

Understanding Common Types of Commercial Litigation
Understanding Common Types of Commercial Litigation

The Role of a Commercial Litigation Attorney in Complex Legal Disputes [Infographic]

February 24, 2025

A commercial litigation attorney is essential in resolving various legal disputes businesses may face. One common issue is breach of contract, where one party fails to honor the terms of a legally binding agreement. Ambiguities in contract terms often lead to disputes that require legal intervention.

In corporate and commercial litigation, businesses may sue or be sued over matters such as regulatory issues, financial disagreements, or contract violations. A skilled attorney can protect your interests and guide you through the legal process. In consumer class actions, a group of individuals can file a lawsuit against a company for harm caused, such as defective products or unfair practices.

Commercial litigation attorneys represent either the consumers or the business in these cases. Disputes between business partners or shareholders can disrupt operations, whether related to management decisions or financial conflicts. A commercial litigation attorney helps resolve these issues to maintain business stability. Employment disputes, including wrongful termination or discrimination claims, require expertise in employment law, while antitrust litigation and securities class actions involve complex legal issues aimed at ensuring fair competition and protecting investors from fraud.

In all these cases, a commercial litigation attorney is crucial in navigating the complexities of business law.

The Role of a Commercial Litigation Attorney in Complex Legal Disputes
The Role of a Commercial Litigation Attorney in Complex Legal Disputes

Member-Initiated Florida LLC Litigation: Direct Actions Versus Derivative Actions

June 7, 2017

By: Justin C. Carlin

Florida LLC Litigation: Theft or Other Misconduct by a Managing Member of an LLC

In the context of Fort Lauderdale business litigation, some members of Florida limited liability companies, also known as “LLCs,” learn that the managers or other members of the LLC have wrongfully taken funds from the company, or have otherwise harmed the company by breaching their fiduciary duties to the company.  When this happens, the members’ ownership interests in the company—which entitles them to distributions of the company’s profit—are usually dramatically reduced or completely eliminated.  Understandably, these members may wish to sue the managers and members whose conduct caused their losses. READ MORE

Florida Business Litigation: Limited Partnership, Limited Liability Partnership, and Limited Liability Limited Partnership. What is the difference?

August 29, 2018

By: The Carlin Law Firm, PLLC

A limited liability partnership (an “LLP”) offers a major advantage to a common law partnership, in that partners in a LLP are not personally liable for the LLP’s obligations.  A LLP is governed by the rules of the Revised Uniform Partnership Act (“RUPA”), except that, if a limited liability partnership also is a limited partnership, the Uniform Limited Partnership Act (“ULPA”) will govern all issues dealing with the limited partnership. READ MORE

Florida Real Estate Litigation: Landlord Remedies in Commercial Leases

May 2, 2019

When tenants breach a commercial lease agreement, Florida law provides landlords with three options:

  1. Consider the lease terminated and resume possession of the premises for the landlord’s own purposes (i.e., for the “landlord’s account”);
  1. Hold possession of the premises for the “tenant’s account” and seek general damages for any amount not recovered by re-renting the premises;
  1. Take no immediate action but, rather, wait to sue the tenant as future rent becomes due, or for an accelerated amount if allowed under the lease agreement.

READ MORE

Florida Business Litigation: Duties Owed by Directors & Officers

August 22, 2018

By: The Carlin Law Firm, PLLC

A corporation usually consists of its shareholders, board of directors, and officers.  Shareholders—i.e., those who own the stock of the corporation—generally have no right or power to manage the business directly, although, in limited circumstances, they may be vested with certain management powers in the corporation’s articles of incorporation.  The main way shareholders manage the corporation is by electing the Board of Directors.  The Board, in turn, is responsible for the major decisions that the company takes, such as the hiring and firing of officers, whether to declare dividends, whether to issue stock, and so on.  The board of directors usually delegate much of the day-to-day tasks of running a business to officers and directors whom they hire. READ MORE

Florida Business Litigation: “Explaining the Uniform Commercial Code”—Myth 1: The U.C.C. Only Applies to Merchants

May 10, 2018

By: The Carlin Law Firm, PLLC

As Fort Lauderdale business litigation lawyers, we frequently deal with contracts pertaining to the sale of goods.  Outside of the legal profession, it is a common misconception that a contract for the sale of goods is subject to the same rules that would govern any other contract.  However, unlike a contract for services or for the sale of real estate, which is governed by common law (i.e., case law decided within the court system), contracts that deal with the sale of goods are governed by statutory law, specifically, Article 2 of the Uniform Commercial Code (the “U.C.C.”).  Accordingly, there are several myths about the U.C.C. READ MORE