Practice Area

Florida Business Litigation

Businesses run on agreements and relationships. When they break down, we represent businesses and their owners in the disputes that arise, from pre-suit through litigation, arbitration, appeals, and post-judgment collection.

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The disputes we handle

Common questions

Do I have a contract?

A contract is formed upon offer, acceptance, and consideration. Consideration means each side gives up something of value in exchange for the other’s promise — a promise to do something one is already required to do, or to reward something already done, does not count. The contract must also define the essential terms. For example, if the parties do not agree on a fundamental term like price, there may be no contract.

Does a contract have to be written to be enforceable?

Not usually, but the statute of frauds requires a signed writing for certain agreements — among them the sale of land or an interest in it, a promise to answer for another’s debt, a lease longer than a year, and any agreement that cannot be performed within one year. Real estate contracts are the classic example; see our Real Estate Litigation page. Outside those categories an oral agreement can be fully enforceable — the practical problem is proof, not validity.

What is a breach of contract?

A failure to perform what the contract requires, without a legal excuse. In Florida the elements are a valid contract, a material breach, and damages caused by that breach. Not every failure is material — the question is whether the other side still got the substance of what it bargained for. The agreement’s own terms often decide it: notice and cure provisions, deadlines, and what the parties defined as a default.

When is a breach of contract worth suing over?

When the economics make sense. You need to consider the recoverable amount, the attorney’s fees and costs associated with getting it, whether attorney’s fees and costs may be recoverable, the chance of success, and whether the business relationship is worth salvaging. That analysis belongs at the start, not after a year of discovery.

Is my non-compete enforceable?

It depends on the legitimate business interest it protects and whether its scope is reasonable in time, area, and line of business. In general, Florida enforces reasonable restrictive covenants but will not rubber-stamp an overbroad one.

A former employee took our customers or our files. What can I do?

It depends on what was taken and how it was protected. Customer relationships, pricing, methods, and databases can sometimes qualify as trade secrets. Noncompete, nonsolicitation, and confidentiality agreements may prevent such conduct. And if the employee solicited customers before the employment was terminated, there could be a breach of the duty of loyalty. In such cases, emergency injunctive relief may be necessary.

Can I sue the owner or only the company?

Usually the company. In companies that have “limited liability” protection, including corporations and LLCs, directors, officers, and managers are generally not liable for company debts. However, individuals can be liable for torts they personally committed, guarantees they personally signed, statutory duties they personally owed, or if the court “pierces the corporate veil.”

Can I recover my attorney’s fees?

Florida follows the so-called American rule, which means that unless there is a contractual or statutory basis to recover attorney’s fees, parties pay their own. Contracts often have attorney’s fees clauses, and statutes can allow for recovery of attorney’s fees for construction lien foreclosures, condominium and HOA disputes, civil theft, trade secret and non-compete claims, unpaid wages, and a company’s failure to allow inspection of books and records. Entitlement to recover attorney’s fees can dramatically change the economics of a case, and careful consideration is a must.

Does an arbitration clause change things?

Substantially. It changes who decides, what discovery looks like, how quickly the matter moves, what it costs, and how limited the review is afterward. That is why whether the clause actually covers the dispute, and who gets to decide that question, is itself frequently litigated.

Is it worth sending a demand letter first?

Sometimes. A demand letter has the potential to resolve a matter cheaply. Sometimes, a demand letter may be required to satisfy a contractual or statutory pre-suit condition. However, it also warns the other side, enabling them to prepare and, sometimes, to move information or assets. Whether to send a demand letter, and what it should say, is a strategic choice.

Do I have to go all the way to trial?

Often not. Many commercial disputes resolve as the parties’ positions, the facts, and parties’ exposure become clearer. But the leverage that produces an earlier and better resolution comes from being genuinely prepared and willing to try the case. That’s why we, from the beginning, are planning for trial and appeal.

How long do I have to bring a claim?

It depends on the claim. Contract, tort, statutory, and fraud claims each run on their own clock, and some start when the harm occurred while others start when it was or should have been discovered. Contracts can also shorten the period by agreement. Because the analysis is claim-specific and fact-specific, do not wait to engage counsel.

The other side has no money. Is it worth suing?

Sometimes not, and that is worth knowing before filing rather than after judgment. But apparent insolvency is not always real: there may be insurance, guarantors, transferred assets, or affiliated entities that took the value. Understanding what can actually be collected from is part of deciding whether and how to bring the claim.

What happens after judgment?

Collection is its own phase with its own tools — discovery in aid of execution, garnishment, levy, liens, and proceedings against transfers made to put assets out of reach. Florida also protects certain assets from creditors, which can shape what is available. A judgment is sometimes the beginning of getting paid, not the end.