FORT MYERS BUSINESS LAWYER

Breach of Contract and Business Torts

Our Fort Myers contract attorneys have recovered millions of dollars for clients who have suffered losses due to contract breaches and business torts. Contract disputes can happen in a wide array of circumstances, including employment agreements, commercial leases, unpaid debts and promissory notes, selling and buying businesses, as well as shareholder or partnership disputes.

Contract lawsuits often involve business tort claims such as breach of fiduciary duty. A fiduciary relationship exists between two people when one person acts as a confidante or adviser to the other. In Florida, a fiduciary relationship can arise by statute, contract, or it can be implied in law when one party relies on another party to act on its behalf.

Examples of this kind of relationship include, but are not limited to, those involving an attorney and a client, a trustee and a beneficiary, an executor and an heir, or a broker and a client.

Besides breach of fiduciary duty, torts that Fort Myers business attorneys commonly bring along with a claim for breach of contract include:

• Fraud and negligent misrepresentation
• Conspiracy
• Defamation, libel, or slander
• Civil theft and conversion
• Unfair and deceptive trade practices
• Tortious interference with a business or contractual relationship

If you have suffered losses due to a business or contract dispute, contact us for a free, no-obligation case review with one of our legal experts.

Construction Litigation

Our experienced Fort Myers construction attorneys represent owners, contractors, subcontractors, suppliers, and design professionals in disputes arising out of public and private projects throughout Florida.

The Business Trial Group has recovered millions of dollars for clients in claims related to construction defects (such as defective windows or roofing, causing water damage), misinterpretation of project plans or defective designs, breach of construction contracts, and payment and performance bonds.

Other types of claims that our Fort Myers construction lawyers routinely handle include:

• Malpractice by design professionals, architects, and engineers
• Insurance coverage and term disputes
• Construction delay and disruption claims
• Construction lien foreclosure
• Construction warranty claims

Our construction team is dedicated to the niche practice of construction litigation and includes a Florida Bar board-certified specialist in construction law. This honor is reserved for lawyers recognized as experts in all aspects of construction law and is a distinction bestowed on less than 1% of Florida Bar members.

Our firm’s pooled knowledge and resources are vital when resolving the assortment of legal needs of those in the construction industry. Contact us today to get started.

Employment Litigation

The Business Trial Group has helped individuals and businesses move past difficult employment disputes, including those involving unpaid compensation, breaches of employment contracts, tortious interference with contracts, misappropriation of company property and trade secrets, and tortious interference.

The Business Trial Group’s Fort Myers employment contract lawyers have extensive experience handling disputes involving employers’ failure to pay compensation. Although Florida is an “at will” state, employment contracts can create an exception to the at-will doctrine and provide that an employee may be terminated only under certain conditions.

Moreover, employment contracts often establish an employee’s right to salary, commissions, severance, equity/shares, or other benefits that cannot be withheld simply because the relationship is terminated. Our Fort Myers employment lawyers can review the terms of your agreement and determine if your employer has violated its obligations so you can assess your legal options.

Our contingency fee business model allows individuals and small businesses with a rightful legal claim to file a lawsuit and prevail, regardless of their financial strength. If you are faced with an employment dispute, turn to us for help. We will review your case for free and help you understand your options.

Intellectual Property/Trade Secrets Litigation

If you are a business or an individual who is having a dispute involving patents, trademarks, copyrights, or trade secrets, our Fort Myers intellectual property attorneys can help.  The Business Trial Group is experienced at handling complex intellectual property lawsuits to protect our clients’ proprietary information. In addition to claims for patent, trademark, and copyright infringement, we regularly handle lawsuits involving:

• Misappropriation of trade secrets
• Misappropriation of corporate names, images, and likeness
• Negligent or false advertising
• Online trademark infringement, including cases regarding domains, cybersquatting, and pay-per-click advertising, among others
• Unfair and deceptive business practices and unfair competition

If you suspect that you have been the victim of intellectual property infringement or related misconduct, you should speak with an attorney immediately to learn how you can protect your rights. Damages for intellectual property infringement can include lost profits, royalty payments, and, in certain circumstances, treble (triple) damages. To speak with our Fort Myers intellectual property lawyers, contact the Business Trial Group today.

Investment Losses and Securities Fraud

Our Fort Myers securities attorneys represent investors and shareholders who have been damaged due to the negligence or fraud of investment advisers, stockbrokers, and other financial professionals. We have helped clients file securities lawsuits for breaches of fiduciary duties, unauthorized trading, unsuitable investments, churning, and securities fraud, among many other types of misconduct. If you have suffered significant losses in stocks, mutual funds, bonds, commodities, or other types of investments, contact us immediately to have your case reviewed.

Cases involving financial adviser or stockbroker misconduct are usually brought through the Financial Industry Regulatory Authority (FINRA) arbitration process. It’s important to seek counsel from an attorney well versed in the rules and practices associated with FINRA.

Business Trial Group attorneys have helped hundreds of investors and shareholders recover compensation for their investment losses and are highly qualified to help you through this difficult time. Contact our business litigation lawyers to learn more.

Legal, Accountant, and Insurance Agent Malpractice

Business Trial Group attorneys are astute in handling claims for professional liability and have recovered millions of dollars for clients who have been damaged by the errors of their attorneys, accountants, and insurance professionals.

We firmly believe that when an individual turns to a professional for help, they have the right to receive the highest level of service and care. If an attorney, accountant, or insurance agent fails to carry out their responsibility, our team can assist in recovering your losses.

Attorneys can commit legal malpractice when they fail to exercise due care in handling a legal matter or otherwise do not practice law in accordance with the Florida Rules of Professional Conduct. Some common types of errors our Fort Myers legal malpractice attorneys handle include:

• Failing to file a lawsuit within the state’s statute of limitations
• Failing to notify a client of a conflict of interest
• Drafting errors in contracts and other business agreements
• Unauthorized or ill-advised settlements
• Errors in forming a corporation or partnership
• Failing to take the client’s instructions into consideration
• Theft or misusing a client’s trust account

Our Fort Myers attorneys regularly handle claims for accountant malpractice. Accounting malpractice occurs when accountants make an error, omission, or deviation from accepted accounting principles that financially damages their client. If you believe you may have suffered losses due to an error on the part of your accountant, it is important to consult an attorney who is familiar with accountant liability and prosecuting malpractice insurance claims.

Businesses and individuals often rely on the advice of insurance agents and brokers to select the proper policy for their needs.

In today’s complex insurance market, agents or insurance brokers will identify the insured's potential risks, address coverage gaps, and suggest the proper amount and type of coverage needed. When insurance agents or insurance brokers fail to competently perform their duties, the insured can be left with significant economic damages but insufficient insurance coverage.

Our accomplished Fort Myers attorneys can help you file a malpractice lawsuit to recover damages when insurance agents of brokers fail to properly protect you, your family, your home, or your business.

If you have been damaged by the errors of an attorney, accountant, or insurance professional, you may have legal recourse. Contact our Fort Myers business litigation attorneys for more information about your rights.

Real Estate Litigation

If you are a seller, developer, landowner, appraiser, purchaser, or tenant and you have a real estate dispute, the Business Trial Group can help. Our Fort Myers real estate lawyers have helped clients win millions of dollars in verdicts and settlements, and can review your unique situation and explain your legal options. Some of the types of cases our real estate attorneys commonly handle are:

• Breach of a real estate purchase or sale agreement
• Failure to disclose latent defects in real estate transactions
• Wrongful conduct by a real estate agent or broker
• Breach of commercial leases
• Residential and commercial real estate commission disputes

If you have a dispute and you are unsure of what your next steps are, contact our Fort Myers real estate attorneys to for a free case review today.

Shareholder and Partnership Disputes

The Business Trial Group represents partners and shareholders involved in disputes spanning a wide range of industries. Some of the more common issues that arise in shareholder and partnership lawsuits include:

• Violations of partnership agreements, operating agreements, or bylaws
• Breaches of fiduciary duty
• Negligent management or management self-dealing
• Inappropriate management compensation
• Embezzlement and fraudulent practices
• Breach of noncompete, nonsolicitation, and trade secret agreements

Our Fort Myers partnership and shareholder attorneys can also help victims of “shareholder oppression.” Shareholder oppression occurs when the rights of minority shareholders are undermined by majority shareholders. Although minority owners cannot force the majority owner to act fairly, they do have a remedy for the majority owners’ misconduct — a lawsuit for breach of fiduciary duty.

Our Fort Myers shareholder oppression attorneys can assist minority owners in requesting money damages, dissolution of the company, and, in unique circumstances, a court-ordered buyout to recover the fair market value of their shares.

If you have suffered losses due to misconduct related to a partnership or closely held corporation or believe your partnership or shareholder rights have been violated, contact our Fort Myers partnership and shareholder lawyers today.

Trust & Estate Litigation

Our Fort Myers trust and estate litigation attorneys assist individuals who are being wrongfully denied their inheritances, which can include personal property, real estate, money, or anything else mentioned in a trust or will. The Business Trial Group’s probate attorneys represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties.  We also regularly handle lawsuits regarding the use of undue influence to wrongfully receive money or property.

Fiduciaries such as trustees, guardians, or personal representatives must act within the strict rules and ethical standards established by the law. Those who willfully break these requirements can be subject to lawsuits to compensate victims for their financial losses.

To find out more about how our Fort Myers probate attorneys can help you, contact us today by filling out our free, no-obligation case review form.

Our Fort Myers business attorneys work on a contingency fee basis, so you will not pay attorney fees unless we prevail, and these fees will be paid solely from the recovery in your case. This contingency fee structure has tremendous advantages over traditional hourly billing, which can be prohibitively expensive for small businesses and individuals, often preventing them from seeking legal recourse through litigation. We believe that small businesses and individuals have the right to file lawsuits and seek justice, regardless of whether they are able to pay hundreds of thousands of dollars in upfront legal fees.

For the past 25 years, Morgan & Morgan has helped clients win lawsuits against large corporations and powerful individuals alike. The Business Trial Group was founded to make justice accessible for all businesses and individuals in Florida, regardless of size or financial strength. Our team of talented business litigation attorneys can tackle almost any type of commercial dispute, with the sole focus of winning your lawsuit.

With offices in Fort Myers, Naples, and throughout Florida, we have a home-field advantage wherever the venue of your case. To learn more about the Business Trial Group and how our attorneys can help you, contact us for a free consultation by filling out our online case review form.