Jupiter Business and Commercial Litigator

40 Years of Experience Resolving Palm Beach County Business Disputes

If you are a business owner, you should take the time to consider the legal disputes that may arise and work to protect yourself before any type of lengthy litigation occurs. Commercial litigation, also known as business litigation, can involve many different types of legal disputes that may arise in a business environment. An experienced business attorney like Julianne Frank, Esq. can help ensure that you and your business are legally protected as much as possible and also provide counsel for any business litigation or arbitration proceedings that may arise.

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Types of Business & Commercial Legal Disputes

Both large and small businesses alike may face litigation at some point. Legal disputes can occur between a multitude of business contacts including consumers, competitors, vendors or vendees, affiliates, current and former employees, consumers, officers, directors, or any other person that has any interaction with your business.

Some common business and commercial legal disputes include the following:

  • Contract disputes
  • Collections
  • Mediation
  • Collections
  • Antitrust matters
  • Unfair competition
  • False advertising
  • Securities/commodities enforcement
  • Shareholder litigation
  • Consumer class actions and protection litigation
  • Product liability
  • Professional liability defense
  • Racketeer Influenced and Corrupt Organizations (RICO) Act
  • Partnership disputes
  • Regulation inquiries and/or investigations
  • Real estate disputes
  • Theft of trade secrets
  • Data breach and cyber theft matters
  • Fraud and deceptive trade practices

Almost every aspect of a business is eligible for some type of litigation that could involve federal or state law, administrative law, regulatory law, or arbitration and mediation. So, it is imperative that you seek a skilled business litigator like Julianne Frank, Esq. to evaluate your commercial case.

Understanding Florida Contract Disputes in Business Litigation

One of the most common types of business litigation involves disputes of contract law. Many business relationships run on contracts that can also be the source of the largest legal disputes. Contract disputes can occur between businesses and individuals like customers, associates, employees, partners, vendors, or really anyone who does business with the group.

A breach of a contract can result in one party suing the other to enforce the terms of the signed contract. The traditional elements of a breach of contract claim are:

  • the existence of a valid contract;
  • a breach of that contract; and
  • damages caused by that breach.

The person filing the lawsuit for enforcement may ask for the other party to fulfill the promises called for by the contract or to pay monetary compensation instead of providing the promised goods or services.

Contract disputes can become extremely disruptive to a business. Ensuring that a business’s contracts are well-drafted and executed is the first step to avoiding any contract litigation. An experienced attorney can help ensure that businesses are protected by the terms of their own contract, even in the face of a dispute.

Slander, Libel, Defamation, and Harmful Cyber-Actions

A business’s reputation is by far one of its most important assets. As a result, any false, misleading, or defamatory content regarding the business can cause irreparable harm. Florida has statutes in place, though that protect a business from such defamatory claims. In Florida, anyone guilty of publishing or distributing libel will face a first degree misdemeanor. However, if the court finds that the material was published in good faith, the criminal proceeding charging libel may be discontinued.

This outcome may only occur if:

  • the libel published was due to an honest mistake of the facts;
  • there were reasonable grounds for believing that the statements were true; and
  • a full and fair correction, apology, and retraction was published in the same editions or corresponding issues of the newspaper or periodical in which the libel appeared and in as conspicuous place and type as was the original article.

Note that the above correction, apology, or retraction must be made within the following time period in order to be accepted by the court:

  • broadcasts or daily or weekly newspapers – within 10 days after service of notice;
  • newspapers or periodicals published semimonthly – within 20 days after service of notice;
  • newspapers or periodicals published monthly – within 45 days after service of notice; and
  • newspapers or periodicals published less frequently than monthly – in the next issue, provided that notice is served no later than 45 days prior to publication.

To succeed in a defamation claim, the suing party must be able to show that:

  • someone made a statement;
  • the statement was distributed, either orally or in written form;
  • the statement caused injury (e.g., lost a job);
  • the statement was false;
  • the statement was not protected (not made at trial or during a deposition).

A successful case can allow the plaintiff to recoup damages related to their actual monetary losses. It is also possible to win damages for mental anguish and emotional distress caused by the defamation. Keep in mind that Florida law requires an individual to file their claim within 2 years from the date the defamatory statement was first made.

Contact Julianne Frank, Esq. for Legal Counsel

If you are facing business or commercial litigation disputes, whether that be a breach of contract or damaging statements against your business, a knowledgeable business litigation attorney can help. Julianne Frank, Esq. can examine the facts of your business or commercial situation to resolve your dispute efficiently. She can also help you draft your business contracts to insulate you from any such litigation disputes in the future.

Learn more about how Julianne Frank, Esq. can help your business or commercial lawsuit. Call (561) 220-2528 or submit a contact form today.

What Makes Julianne Frank Different

  • Honesty & Transparency
  • Tailored Solutions for Each Client
  • Client-Focused Representation
  • Over Three Decades of Experience
Start Your Journey Discuss Your Case with a Seasoned Attorney Today

Julianne Frank Esq. is a skilled and experienced attorney that takes on the most difficult of cases and wins. If you believe you have a case only Julianne can resolve, get in touch today.

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