Miami Business and Commercial Litigation Attorneys


BTG_MiamiAttorneys

Updated

Jan 17, 2018

Morgan and Morgan’s Business Trial Group represents clients in all types of commercial disputes in Miami and throughout South Florida. Unlike other large corporate law firms, our Miami business litigation attorneys work on a contingency-fee basis, so we do not charge upfront, hourly attorneys’ fees.

We are uniquely focused on providing the highest quality legal representation and maximizing each client’s recovery. The Business Trial Group’s attorneys have been honored as Best Lawyers in America, Florida Super Lawyers, Florida’s Legal Elite, Martindale-Hubbell AV Preeminent, and America’s Elite Trial Lawyers.

The best evidence of our merit, however, is the tens of millions of dollars of judgments and settlements we have attained for our clients. To speak with our Miami business attorneys and receive a free confidential review of your case, call us today at 877.667.4265 or fill out our case review form.

Types of Business Lawsuits We Handle

Business Trial Group attorneys are experienced at handling a wide variety of business, corporate, and securities lawsuits. Click on the tabs below to learn more about our common practice areas:

Breach of Contract & Business Torts

Business Trial Group lawyers handle a wide variety of contract disputes on behalf of businesses and individuals in a multitude of industries.

Our Miami breach of contract attorneys commonly represent clients on a contingency-fee basis in lawsuits arising from: the purchase or sale of a business; collection of promissory notes or business debts; breach of employment contracts, shareholder agreements, and commercial leases; and other similar disputes.

Our contract dispute attorneys have successfully recovered tens of millions of dollars for clients harmed due to the breach of contracts, ranging from complex multi-party business transactions to informal oral agreements.

Depending on the terms of your contract, our business lawyers can pursue claims for monetary damages and equitable relief, including compensatory damages, liquidated damages, specific performance, rescission, and, often times, your attorneys’ fees and costs.

In addition to breach of contract, our Miami commercial litigation attorneys routinely litigate business tort claims such as:

  • Fraud and misrepresentation
  • Unfair trade practices
  • Misappropriation of trade secrets
  • Defamation, libel, and slander
  • Conversion or civil theft
  • Interference with business relationship
  • Tortious interference with a contract

Business tort and contract lawsuits often involve claims for breach of fiduciary duty. A fiduciary relationship can exist whenever a person acts for the benefit of, or gives advice to, another person, within the scope of their relationship.

In Florida, a fiduciary duty can arise by statute, expressly by contract, or it can be implied in law. When a fiduciary breaches his duties, the victim may be able to seek monetary damages and equitable relief. Moreover, punitive damages may be available in certain instances.

Construction Lawsuits

Led by a Florida Bar Board Certified specialist in construction law, our Miami construction attorneys have successfully represented clients in state court, federal court, and arbitration, winning construction cases where millions of dollars were at stake.

Our construction litigation team represents owners, contractors, subcontractors, and design professionals in disputes arising out of public and private projects throughout Miami and South Florida. Our Miami construction lawyers handle many different types of construction disputes on a contingency basis, including:

  • Construction defects and deficiencies
  • Construction liens
  • Breach of warranties or construction contracts
  • Payment and performance bond claims
  • Unreasonable delays and disruptions and extra work claims
  • Architect and engineer malpractice
  • Environmental issues and mold, mildew, and water intrusion claims

The Business Trial Group’s contingency-fee structure provides a distinct advantage to individuals, small businesses, and condominium and homeowner associations that may not have the resources to finance the significant expenses involved in complex, multi-party construction litigation.

Regardless of the size of the case, our clients’ construction claims are resolved based on the quality of the case, not the parties’ finances.

Employment Lawsuits

The Business Trial Group represents employees and businesses in a wide variety of employment litigation in Miami and throughout South Florida. Our Miami employment attorneys work on a contingency-fee basis, which levels the playing field against employers or larger companies and ensures that our clients’ claims are decided on the merits.

On behalf of executives and employees, our employment lawyers often handle cases involving breach of employment contracts and the wrongful denial of compensation – such as wages, bonuses, commission, severance, or retirement benefits.

On behalf of employers, our business attorneys frequently litigate cases involving breaches of non-compete, non-solicitation, and non-disclosure agreements (“NDA”); tortious interference with employment contracts; unfair competition and deceptive trade practices; and misappropriation of trade secrets.

If you are having a dispute regarding your job or business, our Miami employment lawyers can review your claims and help determine your legal options.

Intellectual Property Litigation

Our Miami intellectual property attorneys represent businesses and individuals with claims for copyright infringement, patent infringement, trademark infringement, and misappropriation of trade secrets.

Our intellectual property lawyers also regularly handle claims involving:

  • Misappropriation of likeness, corporate names, and images
  • Trade dress infringement
  • Online trademark infringement
  • Unfair competition and unfair and deceptive business practices
  • False advertising

If you or your business has been the victim of intellectual property theft, the Business Trial Group may be able to help you recover damages, such as your lost profits, a reasonable royalty payment or – in cases of willful infringement – treble (triple) damages.

As an alternative to litigation, our Miami patent lawyers may also be able to negotiate a licensing agreement with the infringing company. Intellectual property theft is often perpetrated by larger corporations or businesses. Because our contingency-fee intellectual property clients only pay attorneys’ fees from the recovery in the case, their opponents cannot use their finances or ill-gotten profits as leverage.

Investment Losses and Securities Fraud

Our Miami securities attorneys represent individuals, corporations, and investment funds that have suffered losses in stock, bonds, options, mutual funds, and other types of investments.

Allegations of stockbroker and financial advisor misconduct are usually resolved through arbitrations held before the Financial Industry Regulatory Authority (“FINRA”). Because FINRA’s rules and procedures are different than traditional litigation, it is important that you consult with experienced securities arbitration attorneys.

Our Miami securities lawyers have litigated FINRA arbitrations throughout Florida, helping investors recover losses due to securities fraud and investment mismanagement. Some common types of securities litigation claims include churning of brokerage accounts, breach of fiduciary duty, unauthorized trading, unsuitable investments, and margin claims.

If you believe you have suffered investment losses due to these issues or other misconduct, contact our Miami securities litigation attorneys for a no-obligation consultation to review your investment, discuss your case, and learn about your legal rights.

Our Miami legal malpractice and professional liability attorneys are committed to representing clients that have been harmed by the misconduct of professionals. Our business dispute lawyers have significant experience helping clients receive compensation for damages caused by the following types of malpractice.

Attorney Malpractice

Lawyer malpractice occurs when an attorney fails to adhere to the Florida Rules of Professional Conduct or exercise due care in handling a legal matter, causing harm to the client. Attorney negligence and legal malpractice can occur in a variety of legal practice areas, including commercial litigation, land use, real estate, corporate, tax, personal injury, and probate. Our Miami legal malpractice attorneys represent clients that have been harmed by the negligence or intentional acts of all types of attorneys, as well as cases involving fee disputes with attorneys.

Accountant Malpractice

When Certified Public Accountants (“CPA”) fail to follow Generally Accepted Accounting Principles (“GAAP”) and Generally Accepted Auditing Standards (“GAAS”), they may be committing accounting malpractice.

Some common types of accounting malpractice include:

  • Improperly filing tax returns
  • Unsuitable tax advice
  • Inadequate maintenance of records
  • Incorrectly audited financial statements
  • Failure to detect fraud and embezzlement
  • Errors in reports to stockholders
  • Overbilling by accountants

Our Miami accountant malpractice lawyers represent individuals and businesses that have suffered significant damages due to these and other claims. Our experienced accountant malpractice attorneys will help you assess the value of your claims and determine your legal options.

Insurance Agent Malpractice

Our Miami insurance malpractice lawyers represent individuals and businesses in claims against agents or brokers that failed to competently perform their duties.

Our insurance lawyers litigate agent and broker malpractice cases involving homeowners insurance, general liability insurance, life insurance, car insurance, and many other types of policies. Some common types of insurance agent or insurance broker malpractice include:

  • Failing to procure the requested insurance coverage
  • Selling inadequate or inappropriate coverage
  • Failing to correctly advise clients of coverage and exclusions
  • Failing to account for changes in the insured’s circumstances
  • Misrepresenting the type, breadth, or amount of coverage
  • Errors that lead to coverage being cancelled or lapsing
  • Submitting inaccurate information on insurance forms and applications

If your insurance agent’s or broker’s negligence has caused you significant financial damages, our Miami insurance malpractice attorneys can help you recover the damages you are owed.

Florida Professional Malpractice Statute of Limitations

In Florida, the statute of limitations for filing a professional malpractice case (other than medical malpractice) is two years from the time that the malpractice was discovered or should have reasonably been discovered. Because of this shortened time period, it is essential that you contact a professional malpractice attorney as soon as possible to assess your case and protect you legal rights.

Real Estate Litigation

Business Trial Group lawyers handle all types of real estate disputes, including claims for design and planning negligence, easements and title disputes, breaches of commercial leases and purchase and sale agreements, landlord-tenant disputes, inverse condemnation, and real estate commission disputes.

Our real estate lawyers have achieved millions of dollars of judgments and settlements for our clients, including significant jury verdicts for development disputes, unpaid real estate commissions, and the diminution of property value.

Our Miami real estate attorneys also represent clients who have been damaged by the wrongful conduct of a real estate broker or agent, including claims for failure to disclose, breaches of fiduciary duties, misrepresentations, and conflicts of interest. Because our accomplished Miami real estate lawyers work on a contingency-fee basis, our clients pay no upfront legal fees and we only receive only a fee if we are successful in obtaining a recovery.

Shareholder & Partnership Disputes

Our Miami corporate attorneys are experienced at navigating the complex issues involved with small businesses, partnerships, and shareholders. Business Trial Group lawyers regularly handle a wide-range of partnership disputes and shareholder derivative litigation.

Some common partnership and shareholder disputes include:

  • Violations of partnership agreements, operating agreements, or bylaws
  • Breaches of fiduciary duty
  • Ownership and management conflicts
  • Inappropriate executive compensation
  • Misappropriation of assets and corporate theft
  • Negligent or self-dealing management

Our Miami shareholder oppression attorneys represent minority owners that have been denied their right to participate in, or enjoy financial returns from, a company. The Business Trial Group also frequently handles disputes and litigation concerning mergers and acquisitions, buying or selling a business, and other complex business transactions.

Trust and Estate Litigation

Our Miami probate attorneys are committed to representing beneficiaries that are owed an inheritance, such as money, personal property, or real estate under a trust or will.

Business Trial Group lawyers regularly bring claims for:

  • Undue Influence
  • Lack of Capacity
  • Inadequate formalities
  • Fraud
  • Mistake
  • Breach of fiduciary duty
  • Removal of fiduciary
  • Surcharge Action

In Florida, personal representatives of estates, guardians, and trustees are all fiduciaries and, thus, must follow the highest legal and ethical standards. Fiduciaries that fail to manage assets with the highest level of care and professionalism can be held liable for breach of trust or breach of fiduciary duty. The Florida trust code establishes the following standards of care for personal representatives and trustees:

  • Duty of loyalty: Fiduciaries must act only in the interests of the beneficiaries.
  • Duty of impartiality: If there more than one beneficiary, a fiduciary must act impartially in administering property.
  • Duty of prudent administration: A fiduciary must consider the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying this standard, a fiduciary must exercise reasonable care, skill, and caution.
  • Duty to account: A fiduciary must keep beneficiaries informed of the administration and formally account for the assets.

If you have a claim involving probate, a will, or a trust in Miami or other parts of South Florida, contact the Business Trial Group today for a no-obligation case review.

The Benefits of Contingency-Fee Business Litigation

Our Miami business attorneys handle commercial litigation on a contingency-fee basis, so our clients do not pay attorneys’ fees unless we prevail, and these fees are paid solely from the recovery in the case. Business Trial Group clients receive the benefits of large law firm representation without paying legal bills during the litigation.

This contingency-fee model is critical for many clients, because it prevents larger or wealthier opponents from using prolonged litigation as leverage. Without the financial pressures of hourly attorneys’ fees, our clients are not forced to accept low settlement offers and can achieve a just resolution of their business dispute.

Click here to learn more about the advantages of contingency-fee business litigation.

Florida’s Largest Contingency-Fee Law Firm

Founded in 1988, Morgan & Morgan has grown to be the largest contingency-fee law firm in the country with more than 300 lawyers, 1500 support staff, and 30 offices in seven states. The size and financial strength of Morgan & Morgan allows us to turn the tables on corporate defendants that try to overwhelm smaller businesses or individuals.

Our Miami business lawyers have the resources and technology to take on the most complex cases and go head-to-head with the largest corporate firms in the country. From our four South Florida offices, the Business Trial Group handles commercial and securities litigation matters throughout Miami-Dade County. We represent clients in Miami, Coral Gables, Aventura, Hialeah, Miramar, Homestead, Sunny Isles Beach, and Miami Beach.

To learn more about our Miami business litigation attorneys and for a no-obligation confidential case review, call us today at 877.667.4265 or fill out our case review form.

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