FAQs
Types of Business Lawsuits We Handle
The Business Trial Group’s West Palm Beach business attorneys have extensive experience handling all types of commercial litigation, corporate, and securities lawsuits. See below to learn more about the types of lawsuits we handle throughout South Florida:
Breach of Contract and Business Torts
The Business Trial Group’s commercial litigation lawyers handle a wide array of contract disputes on behalf of businesses and individuals on a contingency-fee basis. Our West Palm Beach contract attorneys regularly represent clients in lawsuits arising from the sale of a business; collection of business debts or promissory notes; breaches of employment contracts, shareholder agreements, and commercial leases; and other similar disputes. We also have significant experience representing individuals and small businesses in lawsuits involving:
- Services contracts
- Buy-sell contracts
- Licensing contracts
- Loan agreements
- Supplier contracts
- Asset-purchase contracts
- Franchise contracts
- Entertainment contracts
Depending on the facts of your case and 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 attorneys’ fees and costs.
Many contract lawsuits also 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.
Both monetary damages and equitable relief may be available when a fiduciary breaches his duties. Moreover, punitive damages may be available in certain instances. These remedies can create the opportunity to recover greater damages than would be available under a traditional breach of contract claim. In addition to breach of fiduciary duty, Business Trial Group attorneys routinely litigate various business tort claims, including:
- Fraud and misrepresentation
- Unfair trade practices
- Misappropriation of trade secrets
- Defamation, libel, and slander
- Conversion or civil theft
- Interference with business relationships
- Tortious interference with a contract
Construction Lawsuits
The Business Trial Group’s construction litigation team is led by a Florida Bar Board Certified specialist in construction law. Our West Palm Beach construction attorneys represent owners, contractors, subcontractors, and design professionals in disputes arising out of public and private projects throughout Florida. We have successfully represented clients in both state and federal court, as well as in arbitration, winning construction cases where millions of dollars were at stake.
Our contingency fee model is particularly beneficial 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. Our lawyers handle a wide range of construction disputes on a contingency-fee basis, including those involving:
- Construction defects and deficiencies
- Product and design defects and deficiencies
- Construction liens
- Breach of warranties or construction contracts
- Payment and performance bond claims
- Unreasonable delays and disruptions and extra work claims
- Environmental issues and mold, mildew, and water intrusion claims
- Construction code violations
- Foundation cracks and deficiencies
Our construction lawyers also represent clients with claims for architect and engineer malpractice. These professionals are required to use the due care that is usually exercised by a reasonable member of their profession or trade. If you suffered damages because of a design professional’s failure to follow the applicable standard of care, our accomplished construction litigation team can evaluate your claim and execute a strategy to maximize your recovery.
Employment Lawsuits
Our West Palm Beach employment attorneys represent employees who have been wrongfully denied compensation, as well as businesses with claims regarding contractual disputes or unfair competition. If you are having a contract dispute regarding your business, our employment lawyers can review the terms of your contract and determine if your rights have been violated. We also can help evaluate the legal options that are available to you and determine what compensation you are owed.
The Business Trial Group’s experienced employment lawyers regularly handle claims for:
- Breach of employment contract
- Breach of earn-out contract
- Breach of a business sale contract
- Executive compensation and benefits
- Wrongful termination
- Unpaid wages, bonuses, or commissions
- Unpaid severance or retirement benefits
- Misappropriation of trade secrets
- Tortious Interference
- Unfair and deceptive trade practices
The Business Trial Group’s employment attorneys represent clients on a contingency-fee basis and do not charge upfront attorneys’ fees, which turns the tables on larger companies and ensures that our clients are not denied justice by wealthier opponents.
Intellectual Property Litigation
Our commercial litigation attorneys prosecute all types of intellectual property disputes for individuals and businesses, including claims for copyright infringement, patent infringement, trademark infringement, and misappropriation of trade secrets. Our West Palm Beach intellectual property lawyers also regularly handle claims involving:
- Misappropriation of likeness, corporate names, and images
- Trade dress infringement
- Online trademark infringement, including cases involving domain names, cybersquatting, and unfair use of trademarks in pay-per-click advertising
- Unfair competition and unfair and deceptive business practices
- False advertising
If you or your business has been the victim of intellectual property theft, we may be able to help you recover damages, such as your lost profits, a reasonable royalty payment for the use of your intellectual property and – in cases of willful infringement – treble (triple) damages. Our West Palm Beach business lawyers may also be able to negotiate a licensing agreement with the infringing company as a practical alternative to litigation.
The perpetrators of intellectual property theft tend to be larger corporations or businesses that are profiting from misconduct. When individuals or small businesses are forced to pay hourly attorneys’ fees, the parties’ financial disparity allows the wrongdoers to use the prospect of a drawn-out, expensive lawsuit to extract an unfair settlement. Because our contingency-fee intellectual property clients only pay attorneys’ fees out of the recovery in the case, their opponents cannot use their financial strength as leverage.
Investment Losses and Securities Fraud
Our securities attorneys represent individuals, corporations, and investment funds that have suffered losses in stock, bonds, options, mutual funds, and other types of investments. We also represent clients in cases involving the churning of brokerage accounts, breach of fiduciary duty, unauthorized trading, and margin claims. If you believe you have suffered investment losses, contact our West Palm Beach securities attorneys for a free, no-obligation consultation to discuss your case and learn about your legal rights.
Allegations of stockbroker and financial advisor misconduct are generally resolved through arbitrations held before the Financial Industry Regulatory Authority (“FINRA”). The rules and procedures of FINRA are different than traditional lawsuits, so it is important to hire attorneys well-versed in securities arbitration to handle your case. Our West Palm Beach investment attorneys have handled FINRA arbitrations throughout the country and have helped many investors recover compensation for losses incurred as a result of securities fraud and mismanagement.
Legal Malpractice and Professional Liability
When professional services are performed in a substandard manner, it can cause tremendous harm to the clients who put their trust in these professionals. Business Trial Group attorneys are committed to holding professionals responsible for their misconduct and helping our clients receive proper compensation for their losses. Our business lawyers have significant experience representing clients who have been harmed by professional malpractice, including claims for:
Attorney Malpractice
Lawyer malpractice occurs when an attorney fails to exercise due care in handling a legal matter, causing harm to the client. Attorney negligence and legal malpractice can occur in either a litigation or transactional context, and in all areas of the law, including personal injury, commercial litigation, land use, real estate, corporate, tax, probate and estate, and contract drafting.
Attorneys in Florida must comply with the Florida Rules of Professional Conduct, which are established by the state’s Supreme Court. If an attorney fails to adhere to the Rules of Professional Conduct, legal malpractice may have occurred. Our West Palm Beach legal malpractice attorneys represent individuals and businesses 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
Certified Public Accountants (“CPA”) are bound by a strict code of professional conduct. When accountants fail to conform to Generally Accepted Accounting Principles (“GAAP”) and Generally Accepted Auditing Standards (“GAAS”), they may be committing accounting malpractice. Our West Palm Beach accountant malpractice lawyers represent individuals and businesses with claims such as:
- Filing improper tax returns
- Improper tax advice
- Improper maintenance of records
- Improperly audited financial statements
- Failure to detect fraud and embezzlement
- Incorrect reports to stockholders
- Accountant overbilling
Accountant negligence and accounting malpractice lawsuits can be extremely complicated and often hinge on legal interpretations of technical rules or accounting standards. Our accountant malpractice attorneys have a deep knowledge of accounting and finance principles, which will help you to determine the value of your claims and evaluate your legal options.
Insurance Agent Malpractice
When insurance agents or brokers fail to competently perform their duties, it can leave their insured with significant financial damages, but little or no insurance coverage. Our West Palm Beach insurance malpractice attorneys can help you file a lawsuit when agents of brokers fail to properly protect you. Our insurance agent negligence attorneys will work with you to recover the damages that have been caused by your agent’s or broker’s failure to procure the appropriate policy or coverage.
Our lawyers are experienced at litigating a diverse array of agent and broker malpractice cases involving homeowners insurance, general liability insurance, life insurance, car insurance, and many other types of policies. The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents’ or broker’s misrepresentations.
Some common examples of insurance agent or insurance broker malpractice include:
- Failure to obtain the requested insurance coverage
- Selling inadequate or inappropriate coverage
- Failure to properly advise clients of coverage and exclusions
- Failure to account for changes in the insured’s circumstances
- Misrepresentations regarding the type, breadth, or amount of coverage
- Errors that lead to coverage being canceled or lapsing
- Submission of inaccurate information on insurance forms and applications
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 the two-year statute of limitations, it is important that you contact a professional malpractice attorney as soon as possible to discuss your legal rights.
Real Estate Litigation
The Business Trial Group's real estate attorneys represent purchasers, sellers, brokers, developers, appraisers, landowners, and tenants throughout South Florida. Our 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 attorneys also represent clients who have been damaged by the wrongful conduct of a real estate broker or agent. We handle claims involving real estate brokers’ and agents’ failure to disclose, breaches of fiduciary duties, misrepresentations, and conflicts of interest. Because our West Palm Beach real estate attorneys 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 West Palm Beach business attorneys are experienced at navigating the complex issues involved in disputes between small business owners, partners, and shareholders. We frequently represent clients in shareholder derivative litigation when majority partners, officers, directors, or board members commit misconduct that causes harm to the corporation. Our Palm Beach shareholder oppression attorneys also represent minority owners that have been denied their right to participate in, or enjoy financial returns from, a company.
Business Trial Group lawyers handle a wide range of partnership disputes, dealing with real estate, medical, accountant, and law firm partnerships, among others. We have successfully represented clients throughout South Florida that were victimized by dishonest partners in control of company assets and partners who were wrongfully ousted by controlling management. Some common partnership disputes our business lawyers handle 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
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 West Palm Beach probate attorneys are committed to protecting our clients’ inheritance rights. We represent beneficiaries that are owed an inheritance, such as money, personal property, or real estate under a trust or will. Our accomplished trust and estate litigation attorneys are also experienced at handling 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, therefore, must act within the highest legal and ethical standards. Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty. The Florida trust code sets forth the standards of care that are applicable to personal representatives and trustees:
- Duty of loyalty: Fiduciaries must act solely in the interests of the beneficiaries.
- Duty of impartiality: If there are two or more beneficiaries, 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 the standard, the 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 need a probate litigation attorney or a trustee has violated the duties owed to you as a beneficiary of a will or trust, contact the Business Trial Group today for a no cost and no-obligation case review.
West Palm Beach Contingency-Fee Business Litigation Attorneys
Our West Palm Beach business attorneys handle disputes on a contingency-fee basis, so you will not pay attorneys’ fees unless we prevail, and any fees will be paid solely from the recovery in your case. This contingency-fee structure stands in stark contrast to traditional hourly billing, which can be extremely expensive for small businesses and individuals, often preventing them from seeking legal recourse through litigation. We believe that employees have the right to file lawsuits and gain justice, and shouldn't be hindered by the hundreds of thousands of dollars they may have to pay in up-front legal fees.
Find out more about contingency-fee business litigation.
Florida’s Largest Contingency-Fee Law Firm
Morgan & Morgan has grown to be the largest contingency law firm in the United States, with over 200,000 clients and 550 attorneys throughout the country. Because of our law firm's size and financial strength, we can turn the tables on corporate defendants that try to overpower smaller businesses or individuals. Our West Palm Beach business lawyers have the resources and technology to take on the most complex commercial litigation cases and go head-to-head with the largest corporate firms in the country.
From four South Florida offices, the Business Trial Group handles commercial litigation cases throughout Palm Beach, Martin, and St. Lucie Counties. We represent clients in West Palm, Palm Beach, Boca Raton, Wellington, Palm Beach Gardens, Jupiter, Boynton Beach, Delray Beach, Stuart, Hobe Sound, Port St. Lucie, Vero Beach, and Fort Pierce. Because of our numerous offices, strategically located throughout the state, we can aggressively pursue our clients’ causes, regardless of the venue.
To find out more about the West Palm Beach commercial litigation attorneys of the Business Trial Group and for a free, no-obligation confidential case review, call us today at (561) 227-5858 or complete the case evaluation form.