Miami Business Litigation Lawyer

Miami is a thriving business hub, but legal disputes are inevitable in the corporate world. When conflicts arise, having a skilled Miami business litigation lawyer on your side can make all the difference. From breach of contract claims to shareholder disputes, companies and business owners must be prepared to navigate complex litigation matters. Business litigation often involves state and federal laws, contractual obligations, and strategic legal actions to protect financial and operational interests.

Breach of Contract

A breach of contract occurs when one party fails to uphold its contractual obligations, whether in a business-to-business agreement, partnership contract, or vendor agreement. Florida law allows the non-breaching party to seek remedies, including damages or contract enforcement.

Common breach of contract cases include:

• Failure to deliver goods or services as promised
• Non-payment for goods or services rendered
• Violation of exclusivity or confidentiality agreements
• Unilateral termination of a contract without cause

In Florida, breach of contract claims generally require proving:

1. A valid contract exists
2. The plaintiff performed as required
3. The defendant failed to fulfill their obligations
4. The plaintiff suffered damages as a result

Florida law recognizes compensatory damages, liquidated damages, and sometimes specific performance as remedies for breach of contract disputes.

Non-Compete Agreements

Non-compete agreements are designed to protect a business’s trade secrets, customer relationships, and competitive edge. However, they must comply with Florida’s Restrictive Covenants Statute (Fla. Stat. § 542.335), which mandates that such agreements must be:

• Reasonable in time, geographical area, and scope
• Supported by a legitimate business interest
• Not overly restrictive against competition

Disputes often arise when employees leave a company and start competing businesses or when a former employer seeks to enforce an overbroad restriction. Business owners and employees involved in non-compete litigation should seek legal representation to ensure their interests are properly protected.

LLC Breakup & Dispute

Limited Liability Companies (LLCs) are structured to provide flexibility and legal protection, but disputes among members can lead to litigation. Florida’s Revised LLC Act (Fla. Stat. Chapter 605) governs LLC operations and dissolution procedures.

Common LLC disputes include:

• Disagreements over profit distribution
• Misuse of company funds or assets
• Breaches of fiduciary duty
• Forced dissolution due to irreconcilable differences

When internal conflicts arise, members may negotiate buyouts, mediate disputes, or pursue dissolution through legal action. A business litigation lawyer can guide LLC members through their rights and responsibilities under Florida law.

Business Disputes

Business disputes cover a wide range of conflicts, from disagreements between partners to allegations of unfair business practices. Common types of business disputes include:

• Contractual disagreements
• Partnership and joint venture conflicts
• Fraud and misrepresentation claims
• Intellectual property disputes

Florida businesses can resolve disputes through negotiation, mediation, arbitration, or litigation. The best course of action depends on the complexity of the dispute and the legal remedies available.

Shareholder Disputes

Corporate shareholders often disagree over the management, direction, or financial control of a company. Shareholder disputes can be particularly complex, as they may involve minority shareholder rights, fiduciary duty claims, and allegations of corporate misconduct.

Common shareholder disputes include:

• Conflicts over dividends and profit distribution
• Claims of shareholder oppression
• Breach of fiduciary duty by corporate officers
• Disagreements regarding mergers and acquisitions

Florida law provides protections for minority shareholders and allows for legal action against corporate mismanagement. Business litigation attorneys help shareholders protect their investments and assert their rights in court.

Purchase Interference

Tortious interference with a business relationship occurs when a third party disrupts an existing or prospective business deal. Under Florida law, businesses may have grounds to sue if they can prove:

• A valid business relationship or expectancy existed
• A third party knowingly interfered
• The interference caused financial harm

Examples include a competitor unlawfully pressuring a supplier to sever ties or an individual spreading false information to prevent a deal from closing. Courts may award damages for lost profits and other financial harm caused by wrongful interference.

Electronic Discovery in Business Litigation

In today’s digital world, electronic discovery (eDiscovery) plays a critical role in business litigation. Emails, text messages, cloud-stored files, and social media communications are often key pieces of evidence in commercial disputes.

Florida courts require parties to preserve and produce relevant electronic data, but challenges often arise concerning:

• Data retention policies
• Privacy rights and privilege concerns
• Recovering deleted or encrypted files
• The cost and burden of electronic document review

Businesses involved in litigation should implement strong data management policies and work with legal professionals who understand the complexities of eDiscovery.

Miami Business Litigation FAQs

What should I do if my business is sued?
First, consult a business litigation attorney to assess the claims and prepare a legal strategy. Avoid direct communication with the opposing party without legal guidance.

Can I sue for breach of contract even if it was a verbal agreement?
Yes, verbal contracts can be legally enforceable in Florida, but they are harder to prove. Certain contracts, such as those involving real estate or agreements lasting more than one year, must be in writing under the Florida Statute of Frauds (Fla. Stat. § 725.01).

How long do I have to file a business litigation lawsuit in Florida?
The statute of limitations depends on the type of case:

• Breach of contract: 5 years (written), 4 years (oral)
• Fraud: 4 years
• Tortious interference: 4 years

What are alternative dispute resolution (ADR) options for business disputes?
Businesses can resolve conflicts through mediation, arbitration, or settlement negotiations before going to trial. Many contracts require ADR before litigation.

Can a non-compete agreement be enforced if I move to another state?
Florida courts may enforce non-compete agreements even if you relocate, depending on the contract’s wording and the laws of the new state. Legal counsel can determine enforceability based on jurisdiction.

How Rabin Kammerer Johnson Can Help

Business disputes can be financially draining and legally complex. Rabin Kammerer Johnson offers experienced representation for Miami businesses, entrepreneurs, and professionals facing litigation. Their legal team assists clients in contract disputes, non-compete litigation, business breakups, shareholder conflicts, and commercial fraud cases.

By leveraging litigation strategies, alternative dispute resolution methods, and deep knowledge of Florida business laws, the firm works to protect business interests while minimizing legal exposure. Whether you are seeking to resolve a dispute out of court or aggressively defend your business in litigation, Rabin Kammerer Johnson provides the legal insight and advocacy needed to achieve a favorable outcome.

Get Legal Guidance for Your Business Litigation Needs

When legal challenges arise, having the right attorney on your side can make all the difference. If you need guidance on a business dispute in Miami, contact Rabin Kammerer Johnson today for a consultation and legal assessment.