By H. Clay Parker, Esq. | Published January 12, 2024 | Posted in Business Litigation | Tagged Tags: court, expert testimony |
Making Effective Use of Experts in Business Litigation
When a business disagreement ends up in court, the issues to be resolved are usually complex. Disputes can relate not only to what happened factually but also to the impact on the parties’ financial situations and the consequent liabilities that arise. Expert witnesses play a critical role in helping parties, attorneys and decision makers to Read More
Read MoreDo’s and Don’ts of Effectively Pursuing Commercial Litigation
When a business dispute escalates to the point of litigation, it is crucial to approach the legal process strategically to maximize your chances of a favorable outcome. Commercial litigation can be complex and challenging, but you can navigate it effectively by taking certain positive actions while also avoiding counterproductive conduct. Your overall litigation goal should Read More
Read MoreFraudulent Misrepresentation Under Florida Law — Elements and Remedies
Fraudulent misrepresentation is a civil offense that occurs when someone makes a false statement of fact to another person with the intent of inducing that person to act in a certain way, and the other person acts in that way and suffers harm as a result. Fraudulent misrepresentation falls under the purview of the Florida Read More
Read MoreWhat Claims Are Common in Commercial Litigation?
While businesses and their owners usually can resolve their differences informally, sometimes matters end up in court. Since litigation is expensive, time consuming and often distractive from business operations, it is something to be avoided. However, sometimes there is no better option. The most common types of commercial litigation are contractual claims, including alleged breach Read More
Read MoreSpecific Performance as a Remedy in Real Estate Contract Disputes
When a contracting party fails or refuses to perform a duty and causes the other party a loss, the usual remedy is compensatory damages. Courts do not often order the breaching party to fulfill the outstanding obligations. However, real estate contracts can be the exception. This is because the law deems every parcel of real Read More
Read MoreHow to Establish Standing to Sue in a Florida Business Dispute
The first question a court must resolve in any business litigation is whether the plaintiff has standing to sue. In most cases, this means the individual or organization bringing the lawsuit has a direct, personal stake in the outcome. The three general requirements to establish legal standing are injury in fact, causation and the availability Read More
Read MoreRecent Florida Court Rule Changes Affect Business Disputes
Regardless of what type or size of business you own or operate, you may at some point find yourself in a dispute that ends up in court. Litigation is generally not good for business, as the processes involved are complex, time-consuming and often expensive. In response to concerns raised by business litigators, the Florida Supreme Read More
Read MoreResolving Business Ownership Disputes Before They Rise to Litigation
Going into business with others — whether in a partnership, limited liability company, closely-held corporation or other business entity — can be advantageous. Many businesses owe a good deal of their success to the benefits of cooperative management and pooling of resources. However, joint business operations can also result in disagreements, friction and deadlocks that Read More
Read MoreValuation of a Business During Breakup Litigation
Business owners must face the possibility that someday the enterprise will need to be taken apart. Large companies may divest themselves of business units that are not generating sufficient revenue. Small companies are often broken up when there are management disputes or cash-flow problems or when an owner decides to retire or be bought out. Read More
Read MoreWhat Minority Shareholders Need to Know About Their Rights in Internal Corporate Disputes
Minority shareholders are at a disadvantage when internal corporate disputes arise. In some cases, these shareholders are entitled to vote on certain important decisions, such as changes to the company’s articles of incorporation. But even if they don’t have such rights, they are owed certain duties that need to be respected and, if necessary, enforced Read More
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