Business Litigation Attorney

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Helping Businesses Protect Their Rights And Interests

We are experienced advocates skilled at protecting your business in court.

We understand that when your business is faced with a legal issue, you want to get it resolved as favorably as possible as quickly as possible. You aren’t in business because you like spending time down at the courthouse.

We help resolve business disputes and lawsuits. Our business litigation attorneys will help you understand your options and based on the circumstances, develop a solution that meets your or your business’ goals.

Our firm can help you put your current business litigation issues behind you so you can get back to doing what you do best — running your business.

In our experience the longer you wait to meet with and retain a business litigation attorney when facing a commercial dispute or potential lawsuit, the fewer options you have for resolving the dispute quickly and amicably.

The Business Case for Litigation

Business litigation is often expensive and time-consuming. Businesses typically try and avoid having to go to court. However, there is often a strong business case for litigation.

When there are important rights or principles at stake, a company’s willingness to use the court system can send an important signal to other businesses that your company is serious about its property, contracts, and trade secrets and is willing to go all the way to trial to see that justice is served. Sometimes being willing to enter into a protracted litigation fight can reduce the need to go to court in the future.

In some cases the only way to hold another business accountable is to use the court system to enforce your contractual rights. Failure to fully pursue a matter could financially ruin the company.

Before you are forced into litigation you should consult with an Orlando business litigation attorney. The earlier in a dispute process you bring in a lawyer, the more likely you will be able to resolve the dispute in a way favorable to your interests.

Successful litigation is about much more than what happens in the courtroom. Successful business litigation is based on the level of preparation that goes on before the first court documents are even filed.

What’s the Goal for Filing a Business Lawsuit

The first thing a good Orlando business litigation attorney will want to understand about your case is what your goals are.

Sometimes companies just want to settle the litigation as quickly as possible to avoid bad publicity, reduce legal expenses, so they can get back to focusing on business.

Many times a company is willing to settle a lawsuit, if an agreement can be reached that makes financial sense. But, sometimes the future of the company is at stake and the business needs to push the litigation as aggressively as possible to get a win.

The strategy for defending or pursuing commercial litigation will vary depending on your company’s goals. An experienced business litigation lawyer will be able to help you understand what to expect from the legal process and what the pros and cons are of any strategy.

While litigation should never be entered into lightly, often it is the best available method for accomplishing your company’s goals.

Common Types of Business Litigation Cases Our Attorneys Handle

Business litigation, sometimes called commercial litigation, is much different than the types of courtroom dramas you see on TV. Very few businesses want to have to deal with the legal system. However, often businesses have no choice but to turn to a lawyer to help them protect their rights and enforce their agreements. An Orlando business litigation attorney deals with a variety of different types of disputes between businesses.

When possible, we try to resolve the case before going to court. However, if the dispute cannot be satisfactorily negotiated or mediated, we will zealously represent your interests and will aggressively seek as favorable an outcome as possible, as quickly as possible.

We handle all types of business and commercial disputes and lawsuits: breach of contract, unfair and deceptive trade practices, business defamation, fraud, shareholder, and partner disputes.

During the course of the case, we will update you on a regular basis keeping you well informed, so you can be confident in the progress of the case. We understand that you have a business to run and that you need certainty, not surprises.

Contract disputes: This happens when the parties to a contract disagree about the terms and conditions outlined in the agreement, and often leads to accusations of nonperformance and breach of contract.

Business Torts: When wrongful intentional actions, recklessness, or negligence by a person or business harms the financial interests or reputation of another business. These are also known as economic torts.

Business defamation: Deliberately making untrue statements or spreading false statements publicly about a company, its products, or its services that harms its economic interest or reputation.

Unfair competition: If a business profited because of deception, theft of trade secrets, or other unlawful means, it may be sued by competitors seeking to compensation for damage done to their business.

Regulatory compliance: Businesses are subject to a long list of regulations. Failure to comply with any federal and state laws or local regulations may trigger a lengthy court battle.

Insurance coverage: Insurers often deny legitimate business insurance claims, delay approval and payments, misrepresent policy coverage and engage in other bad faith practices.

Shareholder, partner, & LLC member disputes: Can occur for a variety of reasons; personality conflicts, disagreements over how to run the business, or misconduct by one or more owners, etc.

Breach of fiduciary duty: Occurs when a person or business in a position of trust has the obligation to act in the best interests of another person or business but fails to act in a reasonable and prudent way.

Fraud and deceptive practices: Businesses can wind up in court when their customers feel that they have not been honest about its goods or services, or the business has collected money under false pretenses.

Tortious interference: If a person or business has intentionally meddled with a business’s contractual or commercial relationships and caused harm, they may be liable for tortious interference.

Intellectual property: When someone else infringes on a copyright, trademark, patent or steals proprietary information you may need to ask a court to protect your rights and order compensation.

Lender litigation: Sometimes lenders violate their obligation of good faith and fair dealing and may be held liable for breach of contract or found to be in violation of Florida lending laws.

How Does Business Litigation Work?

While each case is unique, most commercial litigation goes through the same phases: before a lawsuit has been filed, after a lawsuit has been filed, but before the trial, during the trial, after the trial.

What happens before a lawsuit is files?

Rarely are businesses blindsided by a lawsuit. Usually, there has been some communications about the dispute prior to the filing of a lawsuit. Sometimes a business litigation attorney can avoid having to file a lawsuit. This requires convincing the other side that the likely outcome of any lawsuit would be more expensive than just settling the issue quickly.

The two sides may trade demand letters and settlement offers. Litigators often use the period prior to filing a lawsuit to investigate the case thoroughly and to begin collecting evidence and preparing for an eventual legal filing.

What happens after a lawsuit is filed, but before going to court?

Once a lawsuit is filed in state or federal court, the two sides have many more tools at their disposal. After the lawsuit is filed the two sides engage in discovery. This is a legal process where the two sides demand evidence from each other with the authority of the court. A business cannot ignore a discovery request without risking being held in contempt, or in extraordinary circumstances, even having a default judgment entered against them.

The discovery phase may include things like:

  • Demands for business documents related to the dispute
  • Depositions of key personnel from each business
  • Demands for written answers to questions about the dispute, known as interrogatories

The purpose of discovery is for the two sides to be able to collect the evidence they need to prove their case. The discovery process is often lengthy and onerous. Sometimes the discovery process will make it easier for the two sides to reach a settlement.

After a lawsuit has been filed, but before the two sides start the trial, there will usually be several attempts by the court to get the two sides to resolve the case. These could take the form of mediation or a settlement conference.

The vast majority of cases are settled before ever going all the way to trial. In most cases commercial litigation settlement negotiations continue all throughout the process, even up to the morning of the trial.

There will usually be several hearings with the judge assigned to the case before the trial is held. Some of these hearings are just status hearings where the lawyers report how discovery and

 settlement talks are proceeding. Some of these hearings may be to settle legal issues ahead of the trial. Hearings may be held ahead of time to decide if certain evidence will be admissible in court. A hearing may held to determine if the case should even go forward, or if the case should be dismissed due to lack of evidence.

What happens during and after the trial?

If a settlement cannot be reached, the two sides will go to trial. There are two different types of trials: jury trials and bench trials. In jury trials a jury of between 6 and 12 people, depending on the court and the type of case, will be impaneled. The jury will be the ones that ultimately decide the case and the amount of damages that should be awarded. However, a judge will still preside over the trial, ruling on objections and making sure the trial is conducted in an orderly manner.

A bench trial means that the judge is the one who enters a verdict and decides on damages. Sometimes both sides will choose to have a bench trial because they are faster and less expensive than jury trials.

Trials in business litigation cases often go on for weeks. It can take an entire week just to pick a jury. During a trial each side will have a chance to make an opening statement, to call witnesses, to cross-examine the witnesses of the other side, to submit documentary evidence, and to make closing arguments.

Unlike on TV, the verdict in a business litigation trial will not come back quickly. The judge or the jury will need time to review the evidence and to make a decision. The verdict may take days or weeks.

Even after a verdict has been reached, the litigation may not be over. The losing side, and sometimes even the winning side, will want to file an appeal. It is common for cases to settle after a trial, but before the appeals process has finished.

What Makes Complex Business Litigation Different?

Often times business litigation cases are divided into two different groups: standard business litigation and complex business litigation. What makes complex business litigation, sometimes called complex commercial litigation, different?
Standard business litigation typically involves only two parties. Complex business litigation involves many more parties. Complex commercial litigation also often involves multiple jurisdictions. A complex commercial case may be initially filed with a local state court, but it may be beneficial for that case to be removed to federal court.

Complex business litigation requires attorneys with different skills than standard business litigation cases. To successfully litigate a complex commercial case you want a complex litigation attorney who has experience in handling big cases and who has mastered the rules of civil procedure. They should also have the capacity to analyze tens of thousands of pages, or more, of dense, technical documents that will be produced as part of the discovery process.

Complex business litigation cases, even more so than other cases, are often decided based on one side’s ability to handle discovery and their ability to use the rules to their advantage.

The most common type of complex business litigation is a class action lawsuit. This is where multiple people sue a single company, or group of companies, over related claims. These cases often involve plaintiffs from several different states.

Sometimes several different class actions will be consolidated into a single matter and a federal judge is assigned to manage the litigation.

There is typically a lengthy court battle before a class action can even begin. This is because a court must certify that particular class can proceed under the special litigation rules that govern class actions. Many times a business will try and argue that a class should not be certified.

Other types of complex business litigation cases include, cases that are highly technical, intellectual property cases with multiple parties, investor and antitrust lawsuits, as-well-as lawsuits over complex business transactions.

Why Choose Walsh Banks Law to Represent You

Our firm represents businesses of all sizes. Our job is to help protect your legal and business interests. Because our Orlando business litigation attorneys have years of extensive courtroom experience we are often able to help clients resolve legal issues before they have to go to trial. But, we are also ready to take a case all the way to a jury if that is what is in your company’s best interests.

When you retain our firm to represent you in a business litigation matter we make sure that we understand what your primary goals and concerns are. The better we understand your business and your industry, the better job we can do fighting to protect your rights and interests.
We are thorough in our preparation and investigation. We use our legal knowledge and experience to press every advantage so that we can bring the litigation to a conclusion as soon as possible, while still protecting your interests.

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To find out more about how our legal services can help you and your business overcome legal obstacles and succeed give us a call at
(407) 259-2426 or click the button below to schedule a free consult.

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