By H. Clay Parker, Esq. | Published August 12, 2023 | Posted in Business Litigation | Tagged Tags: breach of fiduciary duty, business defamation, negligence |
What 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
Read MoreResolving Business Ownership and Management Disputes
Operating a business always carries the risk of running into legal problems, and they don’t always involve outsiders. Disputes can arise among co-owners and/or executives and managers, which can threaten or cause harm to the business just as much as outside forces. It is vital to timely detect potential problems that could be seeds of Read More
Read MoreProtecting Your Business’s Reputation During Litigation
Protecting Your Business’s Reputation During Litigation In today’s world of 24-hour global news and non-stop social media, a business embroiled in a lawsuit can suffer reputational damage that may be as costly as the litigation itself. Information divulged in court papers, at trial or in out-of-court statements can be repeated, exaggerated and misinterpreted, injuring the Read More
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