Allen & Dawson, PLLC is uniquely situated to pursue our clients’ complex business and legal needs. Whether staunchly defending corporate clients or prosecuting individual actions, our firm is committed to providing its clients with the best, most efficient, legal representation.
The firm’s mission is to offer well prepared, knowledgeable attorneys and support personnel who aggressively pursue our clients’ goals in an efficient, productive and cost conscious manner.
Business litigation is an area of law that deals with legal problems that occur in business and commercial relationships, as well as the litigation of disputes that arise from those relationships.
Attorneys that practice business litigation handle and resolve a wide variety of business disputes before state and federal courts, administrative agencies, arbitrators and mediators. A complex area of law, business litigation encompasses the gamut of business-related disputes and claims. Among the most common of these are breach of contract, unfair business practices, business torts, partnership disputes and fraud.
Skilled Negotiators and Litigators
Are you involved in a dispute? We strive to reach a successful result through arbitration or forms of alternative dispute resolution (ADR) such as mediation. However, if an amicable settlement cannot be reached, our highly skilled attorneys are prepared to take your case to trial. We litigate cases in Florida state courts, federal district courts and in arbitration. We also litigate numerous cases in the specialized Orange County Business Court.
Breach of Contract
Breach of contract, one of the most common disputes handled by business litigation attorneys, occurs when one or more parties to a contract do not live up to its terms, such as a vendor missing important deadlines or an employee violating a non-disclosure agreement. Florida courts have established clear standards for breach of contract cases. There must be a valid contract in place, and the breach of that contract must be material, or major. And, to collect damages, one must be able to prove damages were sustained as a direct result of that breach. Determining whether those elements exist in your particular case is best done by an attorney who is experienced in Florida business litigation.
Business torts are civil wrongs that are related to business. Common business torts include misrepresentation, violations of intellectual property rights, tortious interference with contract, theft of trade secrets, and unfair competition. If your business has been wronged or is being sued for a business torts, bringing an experienced business litigation attorney into the picture as soon as possible can increase your chances of having the disputes resolved to your advantage.Business torts involve wrongs done to another during the course of business.Among the most common of these are misrepresentation, infringement of intellectual property rights, unfair competition, contract interference, theft of trade secrets, and disruption of another’s business relationships. Business torts are handled by business litigation attorneys, and depending on the circumstances, be resolved through negotiation or litigation.
Misrepresentation involves the presentation of untrue material facts in order to convince others to enter into an agreement, purchase a product, or a service. For example, overstating profits to sell a business is misrepresentation, as is fudging income levels to qualify for a business loan or concealing environmental issues or property flaws from a potential buyer.
Intellectual Property Rights Infringement
This tort involves infringement upon protected intellectual property, such as patents, copyrights, trademarks, marketing tag lines and trade secrets to name just a few. Theft of intellectual property can be immensely damaging to a business’s bottom line. For instance, if a trademark is appropriated for use on faulty counterfeits, your business could be exposed to liability and its reputation damaged. Protecting your business in these cases is well worth investing in the services of an experienced business litigation attorney.
Unfair competition is the use of deceptive or unethical practices in order to gain a business advantage. These practices can include deceptive, misleading or fraudulent advertising, price fixing, copyright or trademark infringement, defamation and bait and switch sales tactics. Businesses that are the target of unfair competition practices can seek compensation for damages.
This business tort allows a plaintiff to recover damages if it can be shown that a defendant interfered with the plaintiff’s contractual relations. Elements that must be proven include a valid contract between the plaintiff and a third party, defendant’s knowledge of the contract, and intentional acts by the defendant to encourage a breach or disruption of that contract. To be actionable, the defendant’s actions must be substantially beyond the limits of fair competition. If a competitor has targeted your business relationships in such a manner, an experienced business litigation attorney can help you determine if your case meets the standards for legal redress.
Interference with Prospective Business Advantage
Much like contract interference, this tort is the result of someone interfering with business relationships. However, in the case of interference with prospective business advantage torts, there is no contract that is required to be in place. But, there is a close business association, and using underhanded methods to break that association is an actionable civil offense.
Unfair Business Practices
Unfair business practices are underhanded or unethical tactics used to gain a business advantage. Examples are deceptive advertising, copyright or trademark infringement, bait and switch selling tactics, use of confidential information by a former employee to solicit customers, theft of trade secrets and business libel. If your business has been targeted by unfair business practices or has been accused of targeting others, you will need a business litigation attorney to protect your rights and reputation.
Fraud is a purposeful misrepresentation of facts for the purpose of financial gain. Fraud can take many forms and its results are often devastating. Making false claims or concealing defects to make a sale can constitute fraud. Other common forms of fraud include investment fraud, such as pyramid or ponzi schemes, asset misappropriation and accounting fraud.The essential element of any type of fraud is the intent to deceive, whether it is direct theft at issue or more complex business fraud schemes. Fraud is very costly to businesses, according to the Association of Fraud Examiners, who state that a conservative estimate of direct costs to business is about $400 billion annually and indirect costs are more than double that figure. Being falsely accused of fraud can be costly to business as well, hurting finances and reputation. Whether your business has been targeted by fraud or accused of it, an experienced business litigation attorney is essential to protect the interests of your business.