Whether your business is dealing with a partner who has breached a fiduciary duty, a vendor who failed to deliver on a contract, a competitor who is misappropriating your trade secrets, a former employee violating a non-compete agreement, or a shareholder who is undermining the company’s direction, the dispute needs to be resolved strategically, with a clear understanding of the business objectives driving the litigation and the financial realities that constrain it. A Florida business litigation lawyer at The Rubin Firm represents businesses and executives in commercial disputes throughout the state, bringing the legal expertise, commercial acumen, and trial experience that complex business litigation demands. We handle these cases from initial assessment through trial and appeal, and we approach every dispute with the understanding that our clients need business results, not just legal victories.
Resolve your dispute with a strategic partner. Call The Rubin Firm at (772) 283-2004, complete our contact form, or start a live chat.
Remedies in Business Litigation
The remedies available in business litigation depend on the nature of the claim, the terms of any applicable contract, and the damages suffered.
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Types of Business Disputes We Handle
Non-Compete and Non-Solicitation Agreement Disputes
Non-compete and non-solicitation agreements protect businesses from unfair competition by departing employees and former business partners. Under Florida Statutes Section 542.335, these agreements are enforceable when they protect a legitimate business interest and are reasonable in time, area, and scope. Legitimate business interests recognized under the statute include trade secrets, valuable confidential business information, substantial relationships with specific prospective or existing customers, and extraordinary or specialized training. The Rubin Firm enforces non-compete agreements through injunctive relief when former employees or business partners violate their restrictive covenants, and we defend individuals and businesses against overbroad or unreasonable restrictions that exceed what Florida law permits.
Tortious Interference
Tortious interference claims arise when a third party intentionally and improperly interferes with an existing contractual relationship or a prospective business relationship, causing economic harm. A competitor who induces your key employee to breach their employment agreement, a former partner who contacts your customers to divert business, or a vendor who deliberately sabotages your relationship with a supplier may all be liable for tortious interference. These claims require proof of the existence of the business relationship, the defendant’s knowledge of it, intentional and unjustified interference, and resulting damages.
Trade Secret Misappropriation
Businesses that lose proprietary information to competitors or former employees can pursue claims under the federal Defend Trade Secrets Act and the Florida Uniform Trade Secrets Act. Trade secret litigation frequently involves emergency injunctive relief to prevent the continued use or disclosure of the misappropriated information, followed by claims for damages including lost profits, unjust enrichment, and exemplary damages for willful misappropriation. Our trade secret practice page provides additional detail on these claims.
Breach of Contract
Contract disputes are the most common form of business litigation. A breach of contract occurs when one party fails to perform its obligations under a legally binding agreement, whether by failing to deliver goods or services, failing to make payment, delivering defective performance, or violating a restrictive covenant. The remedies available depend on the nature of the breach, the terms of the contract, and the damages suffered. Under Florida’s Uniform Commercial Code (Chapter 672) and common law principles, the non-breaching party may seek compensatory damages, specific performance (a court order requiring the breaching party to perform), consequential damages, and in some cases, attorney fees if the contract includes a prevailing party fee provision. The Rubin Firm handles breach of contract cases on both sides: enforcing contracts on behalf of clients whose counterparties have failed to perform, and defending clients against breach claims that are unfounded or overstated.
Partnership and Shareholder Disputes
Disputes among business partners and shareholders can paralyze a company’s operations and destroy value that took years to build. These disputes arise from disagreements over business direction and strategy, unequal contributions of time or capital, breaches of fiduciary duty by managing partners or majority shareholders, self-dealing transactions that benefit one partner at the expense of others, disputes over profit distribution, and fundamental disagreements that make continued partnership untenable. Resolution options range from negotiation and buyout arrangements to judicial dissolution. When a shareholder agreement or operating agreement exists, its terms govern the dispute resolution process, buyout mechanics, and dissolution procedures. When no written agreement exists, Florida statutory law and common law principles apply, often producing outcomes that neither party anticipated or desired.
Breach of Fiduciary Duty
Officers, directors, managing members, and general partners owe fiduciary duties to their companies and co-owners, including the duty of loyalty (to act in the company’s best interest rather than their own) and the duty of care (to act with the diligence and prudence that a reasonably careful person would exercise in similar circumstances). Breach of fiduciary duty claims arise when these individuals engage in self-dealing, usurp corporate opportunities, compete with the company, misuse company funds, fail to disclose conflicts of interest, or make decisions that are grossly negligent. The Rubin Firm prosecutes fiduciary duty claims on behalf of companies and minority stakeholders who have been harmed by insider misconduct, and we defend officers and directors against claims that are strategically motivated or factually unfounded.
Business Fraud and Misrepresentation
Business fraud claims arise when one party induces another to enter a transaction through knowingly false statements of material fact. Fraud in the inducement, fraudulent misrepresentation, negligent misrepresentation, and violations of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA, Chapter 501) can all arise in commercial relationships. Fraud claims require the plaintiff to prove a false statement of material fact, knowledge of the falsity (or reckless disregard for the truth), intent to induce reliance, actual and justifiable reliance, and resulting damages. FDUTPA provides a broader cause of action that does not require proof of intent, making it a powerful tool for addressing deceptive commercial conduct.
Alternative Dispute Resolution
Not every business dispute belongs in a courtroom. Mediation and arbitration offer alternatives that can resolve disputes faster, more privately, and less expensively than traditional litigation. Many commercial contracts include mandatory arbitration clauses that require disputes to be resolved through binding arbitration rather than court litigation. Even without a contractual requirement, parties may agree to mediate or arbitrate as a cost-effective alternative.
The Rubin Firm represents clients in mediation and arbitration proceedings and evaluates ADR options at every stage of a dispute. When ADR can achieve the client’s objectives more efficiently than litigation, we recommend it. When litigation is necessary, we are prepared to try the case.
The Business Litigation Process
Business litigation in Florida state and federal courts follows a structured process.
Why The Rubin Firm for Business Litigation
Business perspective:
We approach every dispute as a business problem that requires a business solution, not just a legal exercise.
Strategic assessment:
We evaluate the economics of every case before filing, ensuring that the expected recovery justifies the cost of litigation and that the chosen strategy serves the client’s broader business objectives.
Trial capability:
We prepare every case for trial, and we try cases when settlement does not produce an acceptable outcome. Our trial readiness drives better settlement outcomes because opposing counsel knows we will follow through.
Efficient execution:
We manage litigation costs through focused discovery, targeted motion practice, and strategic use of ADR to avoid unnecessary expense.
Full-service representation:
We handle breach of contract, partnership disputes, shareholder disputes, fiduciary duty claims, fraud, non-compete enforcement, tortious interference, trade secret misappropriation, and the full range of commercial litigation matters.
Industries We Serve
Business disputes arise in every industry, and the legal principles that govern commercial litigation apply across sectors. The Rubin Firm represents businesses in a range of industries including real estate development and construction, healthcare and medical practices, technology and software companies, retail and hospitality, manufacturing and distribution, professional services, financial services, and entertainment and media. Our experience across industries allows us to understand the specific business context of each dispute and to develop strategies that account for industry-specific practices and norms.
Steps to Take When a Business Dispute Arises
Preserve all documents and communications:
Do not make public statements:
Review your contracts:
Contact The Rubin Firm:
We’re Here To Heil You Recover Compensation For:
- Injury or damages
- Injury & Medical
- Injury or damages
Serving Businesses Throughout Florida
The Rubin Firm handles business litigation for clients throughout Florida, including Stuart, Martin County, Palm Beach County, the Treasure Coast, South Florida, and statewide. We litigate in Florida state courts and federal courts in the Southern, Middle, and Northern Districts.
Referral Partnerships for Business Litigation
Attorneys who encounter commercial disputes trust The Rubin Firm for experienced litigation counsel. Contact us to discuss a referral.
Frequently Asked Questions About Business Litigation
How long does business litigation take?
The timeline varies based on the complexity of the case, the volume of discovery, and the court’s schedule. Simple breach of contract cases may resolve within six to twelve months. Complex multi-party commercial disputes may take two years or longer to reach trial. Many cases settle before trial once discovery reveals the strength of each party’s position.
Can I recover attorney fees in a business lawsuit?
Attorney fees are recoverable if the contract includes a prevailing party fee provision, if the claim falls under a statute that provides for fees (such as FDUTPA), or if the opposing party’s conduct warrants sanctions. Otherwise, each party typically bears its own attorney fees under the American Rule.
Should I try to settle or go to trial?
The answer depends on the strength of the case, the potential damages, the cost of continued litigation, and the business relationship between the parties. Settlement provides certainty and avoids the risk of an adverse verdict. Trial provides a definitive resolution when settlement terms are unacceptable. We advise clients on the economics and strategy of both options.
What is the difference between mediation and arbitration?
Mediation is a facilitated negotiation in which a neutral mediator helps the parties reach a voluntary agreement. The mediator does not decide the case. Arbitration is a proceeding in which a neutral arbitrator hears evidence and arguments and issues a binding decision. Arbitration is faster and less formal than court litigation but produces a final, enforceable result.
Can I get an emergency court order to stop a competitor or former employee?
Yes. Temporary restraining orders and preliminary injunctions are available when the business can demonstrate a likelihood of success on the merits, a substantial threat of irreparable harm, that the threatened harm outweighs the harm the injunction may cause to the opposing party, and that the injunction serves the public interest. We pursue emergency relief in non-compete, trade secret, and other cases where immediate action is required.
$150 Million
Your Business Dispute Demands a Strategic Legal Partner.
Business litigation requires an attorney who understands both the legal framework and the commercial stakes. The Florida business litigation lawyers at The Rubin Firm bring commercial acumen, litigation expertise, and trial capability to every dispute.
Call (772) 283-2004. Complete our form or chat live.
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