Business Litigation

 

If you are a business owner, at some point you will likely find yourself in some sort of a legal dispute. Vendors breaching contracts, partners disagreeing on operating agreements, and employees disregarding non-compete agreements are just a few examples of disputes that business owners face on a daily basis. Regardless of the issue, there is one thing that all civil lawsuits have in common – they are unpredictable. 

 

Here, we are not in the business of billing hours. We understand that predictability and cost-efficient dispute resolution are vital to the success of your business. That is why we work aggressively to resolve your business dispute as quickly as possible. In fact, many times we can achieve favorable outcomes without filing a lawsuit at all. Whether through negotiation, or what is known as pre-suit mediation, our office will attempt to reach a resolution before litigation ever starts. This will allow you to avoid the expense and uncertainty of a lawsuit, so you can get back to business. 

 

If litigation cannot be avoided, or if a lawsuit has already been filed against your business, then you need an experienced attorney to fight for you in court. As a former prosecutor and partner with one of Florida’s most distinguished civil litigation firms, Mr. Marcus has earned a reputation as a talented trial lawyer and advocate. When you hire our firm, we will defend your business like it is our own.   

 

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Real Estate

 

Buying a home is one of the most exciting times of your life. Indeed, owning a home is part of the American Dream for you and your family. Unfortunately, many times that dream can turn into a nightmare. Hidden defects, improper disclosures, and breaches of real estate contracts are just a few examples of the types of issues that homeowners can run into when buying or selling a home. If you are involved in a real estate dispute, it is important that you take action right away. Our initial consultation is always free, so call us today. 

 

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Breach of Contract 

 

Contracts are legally binding agreements that are meant to ensure that parties perform their respective obligations. In Florida, most contracts are in writing and signed by the parties, although the law does allow certain contracts to be oral. Unfortunately, many times a party will disregard their contractual obligations, and as a result you are damaged. When that occurs, the law allows you to bring a claim for breach of contract against the individual or entity. Depending on the amount at issue, and where the parties are located, your claim can be filed in State or Federal court. 

 

In many contracts, there are provisions related to where your lawsuit must be filed (forum selection), which law governs the dispute (choice of law), and whether you must engage in alternative dispute resolution before filing suit, e.g. mediation or arbitration. Additionally, some contracts contain what is known as a “prevailing party” provision, which provides that the prevailing party in any litigation is entitled to recover its attorney’s fees from the non-prevailing party. Under the American Rule, a prevailing party is not entitled to its attorney’s fees, unless provided for by contract or statute. Attorney’s fees can be significant, so it is vital that you consider this issue before initiating a lawsuit for breach of contract. 

 

Mr. Marcus has extensive experience representing individuals and entities in breach of contract claims. Call us today for a free consultation. 

 

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Florida Deceptive & Unfair Trade Practices Act

 

The Florida Legislature has enacted numerous laws to protect consumers from unfair and abusive practices. One example is the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), which prohibits individuals and entities from engaging in unfair or deceptive acts in conducting any trade or commerce. FDTUPA is incredibly broad, and creates significant penalties for violations. In addition to damages, a plaintiff can also recover punitive damages, attorney’s fees, declaratory judgments, and obtain injunctive relief. Violations of FDUPTA can lead to civil penalties of up to $15,000 for each violation. 

 

While it is intentionally broad, FDUTPA is not without its limits. One of the most common examples of this limitation is when a FDUTPA claim is brought in conjunction with a breach of contract claim. Many times this is done so the complaining party can also seek to recover attorney’s fees if they prevail in the lawsuit. Generally, attorney’s fees are not recoverable unless provided for by contract or statute. FDUTPA provides a statutory right to attorney’s fees from the other side if you prevail, so many attorneys will bring a FDUTPA claim, which in reality is nothing more than a breach of contract claim, in an effort to recover attorney’s fees. Florida law prohibits this practice, and you can move to dismiss the FDUTPA claim. 

 

As a former partner with one of Florida’s leading civil litigation firms, Mr. Marcus has extensive experience with FDUTPA. If you believe that you’ve been a victim of a FDUTPA violation, or have been sued for violating FDUTPA, call us today for a free consultation.