Experienced Business Litigation Attorney: Dynamic Representation For Business Disputes And Business Litigation
Business litigation encompasses a nearly infinite range of business and commercial disputes over the rights, obligations or conduct between businesses, individuals and businesses, and those internal to the business, such as a corporation’s shareholders, officers and directors or a limited liability company’s (LLC’s) members and managers. Business disputes may be resolved through negotiation, alternate dispute resolution, such as mediation or binding arbitration, or lawsuits in the appropriate state or federal court.
There is no such thing as a “typical” business dispute. Business dispute issues may, and often do, range from the seemingly straightforward enforcement of promissory notes and breach of contract claims to the more complex issues such as valuation disputes, corporate or LLC dissolution proceedings, business torts (such as breach of fiduciary duty, fraud, misrepresentation, concealment), or even theft of trade secrets, and deceptive and unfair trade practices.
Despite the seemingly endless scope of issues that can arise when dealing with business disputes and business litigation, there are several constants: business disputes are costly, time-consuming, and disruptive to a business or individual’s business interests.
Strategy and forethought during the early stages of a dispute are everything – a failure to understand the web of facts and issues inherent, such as the motivations and pressure points of an opposing party, the nuanced legal issues involved, or the economic realities of a business dispute, can be have significant consequences. In order to successfully resolve, defend or prosecute a business dispute, a unique and appropriate strategy for the particular dispute at hand must be developed and followed.
Business disputes may be resolved through negotiation; alternate dispute resolution, such as mediation or binding arbitration; or lawsuits in the appropriate state or federal court. When faced with a business dispute, it is imperative that you immediately seek out and secure the guidance and counsel of an experienced, dedicated and effective business litigation attorney.
My practice at Law Office of Todd M. Kurland, P.A., in Palm Beach Gardens, Florida, is dedicated to counseling and advocating for businesses and individuals in nearly all aspects of business disputes and business litigation. I take great pride in developing and implementing effective, tested and creative case-specific and client-specific strategies to protect my clients’ interests at each step of the process.
Representative Business Litigation And Business Disputes
I have successfully represented small and mid-sized and institutional businesses, individuals and business principals through wide-range business disputes and business litigation, including but not limited to the following:
- Breach of contract
- Breach of fiduciary duty
- Fraud, misrepresentation and concealment
- Breach of warranty and representation in business sale transactions
- Corporate shareholder and LLC member direct actions
- Corporate shareholder and LLC member derivative actions
- Corporate and LLC dissolution proceedings
- Partnership and joint venture disputes
- LLC member disputes
- Corporate shareholder disputes
- Valuation disputes, such as appraisal or dissenters’ rights, dissolution proceeding purchase elections, partition actions, and stock, membership interest and other equity interest purchase election and valuation rights
- Real estate disputes
- Enforcement and defense of secured and unsecured promissory notes, lending agreements, mortgages and other security interests
- Fraudulent transfer and fraudulent conveyance claw-back proceedings
- Usurpation of corporate opportunity
- Actions for recovery of property, such as replevin proceedings
- Claims under Florida’s Deceptive and Unfair Trade Practices Act (FDUPTA)
- Tortious interference with business relationships and tortious interference with contracts
- Enforcement and defense of restrictive covenants, such as noncompetition, nonsolicitation and confidentiality agreements
- Personal jurisdiction defenses
Important Note About Litigation: Electronic Discovery And Litigation Hold Policies And Procedures
A significant portion of my practice focuses on guiding business and individuals involved directly or indirectly in business disputes. In today’s ever-changing and technologically-driven business world, this often involves advising my clients of their rights, obligations, and best practices for electronic discovery and litigation hold policies.
When a business or individual is a party to a lawsuit, or simply has information litigation that may be relevant to a lawsuit or dispute, they have an obligation to preserve potentially relevant information and items. Florida law, the Florida Rules of Civil Procedure and the Federal Rules of Civil Procedure place obligations on parties and nonparties to retain potentially relevant information, including information which is created and/or stored in electronic form. Much more, parties and non-parties must take certain efforts to avoid alternation, deletion or destruction of the same. Failure to do so may result is substantial sanctions by a trial court or arbitral body or, in the case of a third-party, a legal claim for spoliation of evidence.
Whether you or your business is engaged in litigation or has been placed on notice of a dispute by one of the parties involved, it is essential that you immediately consult with legal counsel and work with them to implement appropriate policy and procedures to secure potentially relevant electronically stored and other information and to avoid potential spoliation of evidence.