PersanteZuroweste's attorneys have extensive experience representing individuals and companies when business disputes arise. Our clients range from small mom-and-pop businesses to larger companies. We understand that business disputes are complex and have the experience and knowledge to counsel you through your challenges.
Business litigation, also known as commercial litigation, encompasses any aspect of business and commerce. Our firm handles all aspects of business litigation and commercial litigation, including the following areas:
Our firm represents businesses and individuals who are owed money, assets, or compensation under a contract. That contract can be in writing or it can be oral. We also represent clients who have claims for business torts that may be related to their contractual disputes, including situations where fraud, breach of fiduciary duty, conversion, civil theft, unfair trade practices, misappropriation of trade secrets, or tortious interference with a contract or a business relationship has occurred.
Business partnerships can be dissolved for any number of reasons. A successful business might be sold for a profit, a losing enterprise might be wound down, or bad conduct might force members to leave a company. Sometimes business owners are able to work out a resolution that allows one owner to leave and the business to carry on. Other times, the owners choose to dissolve the business. In a formal dissolution, the former entity may cease to exist and accounts must be settled.
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Shareholder derivative suits permit a shareholder to initiate a suit when management has failed to do so. Most often, shareholder derivative suits are brought when those in charge of the company fail to do something in the best interests of the corporation, or worse, they engage in conduct designed to harm the company.
One large area of commercial law encompasses securities and investments. This includes regulating the conduct of stockbrokers, as well as the issuance of stock shares by corporations; the propriety of content within annual reports; and other aspects of stock trade. Securities and investment laws seek to protect consumers with such things as requiring full disclosure of material information concerning public offerings, and insuring the accuracy of financial reporting. Our firm handles all aspects of securities litigation, but does not handle securities transactional matters.
Our firm represents clients in all varieties of disputes involving real estate transactions pending in state and federal courts, as well as in arbitration proceedings. We handle lawsuits involving, among others, real estate investments, real estate development or construction projects, leases and related agreements, title insurance, commercial loans, fraudulent conveyance claims, lender liability claims, real estate-related contract, tort, fraudulent conveyance and lender liability claims.
A covenant not to compete is an obligation written in an employment contract that prohibits an employee to work in a similar company in the same area for a certain period of time. We represent individuals and companies in disputes involving covenants not to compete.
Florida law contains a statute on “civil theft” that provides, in general terms, that if someone has defrauded you of an asset which is lawfully yours, you may send a statutory demand and if your demand for payment is not met within the 30-day period defined in the statute, you may then file suit for triple the amount owed, plus attorney’s fees and costs. This statute helps those wronged by someone who may otherwise have no incentive to return money or property.
Commercial law regulates negotiable instruments, as well. Negotiable instruments are different from standard contracts. Negotiable instruments give the right for the performance of a certain act to the holder of the instrument, solely based on his physical possession of the instrument itself. Examples of negotiable instruments include promissory notes and bearer bonds, which can be sold from one to another by mutual agreement.
Antitrust laws are another aspect of commercial law. Antitrust law prohibits unfair competition in either the formation of agreements or market practices, favoring free trade and competition between businesses at both the state and federal level. Some areas of antitrust law are criminal in nature, making predatory pricing, price gouging, and other anti-competitive activity illegal. Other areas of antitrust law are based in civil law, allowing companies and individuals to obtain both actual and punitive monetary damages for violations of federal and state antitrust laws.
PersanteZuroweste handles commercial litigation matters. If you believe that you may need legal assistance regarding a Florida commercial litigation matter, please contact us at (727) 796-7666.
PersanteZuroweste has established a reputation as prominent trial lawyers serving clients throughout Florida. Our office is conveniently located to the Clearwater, St. Petersburg, and Tampa Bay communities.