OUR FORT MYERS BUSINESS LITIGATION ATTORNEYS 

When dealing with commercial litigation, we understand how delicate the situation may be because our substantial money and professional or business reputations are at stake. When you hire us, you get experienced advisors and top-tier litigators who understand this and treat your cases with extreme care. The most important thing to our lawyers and our firm is that our client’s objectives are met. To that end, we strive to find a resolution without unnecessary time or costs. If your case meets the criteria, we may offer contingency arrangements.

The resume of our business litigation attorneys are unparalleled in Fort Myers. They graduated in the top ten percent of their graduating class in law school and/or attended elite law schools such as Harvard. They are leaders in the business litigation field as they regularly give seminars on business litigation issues. They are some of the most experienced litigators you can find in the Fort Myers area as they have practiced for at least ten years, participating in jury trials, bench trials, and dispute resolution methods such as arbitrations and mediations. They are also active in professional organizations, such as the Florida Bar and American Bar Association. 

If you need a premier Fort Myers litigator, do not hesitate to contact us at (877) 858-6868 or coordinator@caklegal.com. 

RECENT SUCCESSES 

Examples of some of our recent success in Florida include: 

• Obtained injunction in Florida state court on behalf of an energy company against a former salesperson in connection with violation of non-solicit and non-disclosure.

• Obtained complete dismissal of a lawsuit brought in federal court by a national staffing company against several former employees asserting unfair competition, trade secret misappropriation, and violations of RICO. 

• Won arbitration on behalf of hospital management company against a former physician-employee who alleged breach of contract under for-cause termination provision, defamation, and discrimination. 

• Won arbitration on behalf of the purchaser of  online business against seller and broker, asserting claims of misrepresentation, fraud, breach of contract, and breach  of implied covenant of good faith and fair dealings. 

• Obtained injunction against competing business in connection with defamation and unfair competition. 

• Successful defense of former franchisee in connection with claims of breach of contract, unfair competition, and trademark infringement. 

If you would like a free consultation, contact us at (877) 858-6868 or coordinator@caklegal.com. 

FORT MYERS AND LEE COUNTY COURTS

Fort Myers is in Lee County, Florida. There are several state courts in Fort Myers and a federal court. The state courts include small claims courts, county courts, and circuit courts. The circuit court is part of Florida’s Twentieth Judicial Circuit. The federal court in Fort Myers is part of the U.S. Middle District of Florida. 

Our top Fort Myers business litigation lawyers routinely practice in the state and federal courts in Lee County and throughout Florida. 

FAQS 

What types of business litigation cases do you handle?

Our Fort Myers business dispute attorneys handle a wide range of high-stakes business disputes. You can find below business dispute issues that we handle.

Breach of Contract and Business Torts. We represent clients in virtually every type of contract dispute. Some types of contracts and agreements we handle with clients are as follows:

• Employment agreements
• Compensation agreements 
• Partnership agreements
• Operating agreements, shareholder agreements, and by-laws
• Equity agreements 
• Compensation agreements
• Non-compete, non-solicit, and confidentiality agreements
• Sale or purchase agreements
• Promissory notes
• Intellectual property agreements 
• Service agreements 
• Insurance coverage contracts 
• Memorandums of understandings 
• Term sheets 

Our attorneys also routinely handle Florida business tort claims and statutory claims that are often asserted in connection with a breach of contract claims such as:

• Fraud and misrepresentation 
• Negligent misrepresentation 
• Business defamation 
• Breach of fiduciary duty 
• Conversion 
• Tortious interference with contract
• Tortious interference with advantageous business relationships 
• Civil conspiracy 
• Misappropriation of trade secrets
• Florida’s Unfair and Deceptive Trade Practice Act
• Florida’s non-compete statute 
• RICO 
• Florida’s civil theft statute 

Unfair Competition. Our firm is well known for its involvement in cases that have to do with competition. Our Fort Myers non-compete attorneys are experts in Florida non-compete law. A few examples of competition dispute matters we have handled include:

• False advertising
• Infringing on trademarks, copyrights, and other intellectual property
• Trade secret theft or misappropriation 
• Business defamation 
• Restrictive covenant agreements, including non-competes, non-solicits, and non-disclosures 
• Antitrust 
• Temporary injunction hearings
• Deceptive business practices 

Intellectual Property & Trade Secrets. Do you need a Fort Myers intellectual property attorney? Our Fort Myers intellectual property attorneys routinely handle intellectual property and trade secret-related matters, including: 

• Breach of IP agreements
• Trademark infringement 
• Copyright infringement 
• Misappropriation of likeness 
• Trade secrets theft or misappropriation 
• Website domain squatting (i.e., cybersquatting) 
• Disputes involving ownership of websites, domains, social media pages, and other online business assets 
• Unauthorized use of tradenames or trademarks, including in pay-per-click advertising

Professional Liability. We handle disputes that involve professional liability such as legal malpractice and insurance agent malpractice. Some examples of legal malpractice dispute we handle are:

• Failure to comply with pre-filing requirements
• Failure to file lawsuits within the applicable statute of limitations
• Failure to file appeals timely 
• Negligent contract drafting
• Failure to secure evidence or witnesses 
• Failure to follow the client’s instructions  
• Improperly setting up corporations or partnerships 

Corporate Governance, Shareholders and Partnerships. Our Fort Myers commercial litigators are experts at handling shareholder, partnership, and corporate governance disputes. Examples include: 

• Breach of shareholder or partnership agreement
• Breaches of an operating agreement, by-laws, or employment agreements 
• Breach of fiduciary duties 
• Failure to comply with dispute resolution provisions
• Unauthorized use of company funds
• Theft of company funds (i.e., embezzlement) 
• Expulsion of a partner
• Disputes during a business winddown 
• Accounting 
• Judicial dissolution 
• Beaches of restrictive covenants, such as non-competes
• Fraud and misrepresentation 
• Minority shareholder oppression 
• Shareholder derivative actions 

Trust and Estates.  Another defining practice in our commercial litigation practice group is our handling or high value probate disputes. While trust and estates legal issues may seem better suited for family lawyers, often your probate disputes are more akin to business disputes. 

If you need a Fort Myers trust and estate attorney, contact us for a free consultation at (877) 858-6868 or coordinator@caklegal.com. A few examples of issues that we can provide litigation services for are:

• Removal of fiduciaries 
• Lack of capacity 
• Inadequate formalities in preparing wills and trusts
• Surcharge actions
• Contested conservatorship 
• Ownership of property not addressed in wills or trusts

Business Defamation, Libel, & Slander. Have you or your business been defamed and need a Fort Myers defamation or slander lawyer? If so, the attorneys in our Fort Myers business litigation practice group regularly handle defamation lawsuits for individuals, businesses, and public figures.

Insurance Coverage Disputes. If you have an issue with your insurance company, contact us. Is your carrier denying you coverage when you need it, after years of paying premiums? If so, contact our Fort Myers insurance coverage attorneys who have a vast and wealth of experience litigating against Florida insurance companies in coverage disputes. Some situations involving coverage disputes include: 

• Insurance coverage sought for business damages from fire or flood
• Insurance sought due to COVID preventing business operations
• EPLI coverage
• Representation and warranty insurance relating to mergers and acquisitions and other transactions 

Employment. One of our primary and defining practice areas is employment law. A few examples of workplace law matters our Fort Myers employment lawyers handle are unlawful discrimination, wrongful termination, hostile work environment, executive compensation, bonuses and commissions, Family and Medical Leave Act, and non-compete agreements. 

Franchisor-Franchisee. If you need a lawyer for franchisor-franchisee disputes, contact us. Our lawyers have vast experience litigating these types of disputes. Examples of disputes we provide services for in franchisor-franchisee disputes include:

• Contract negotiation 
• Breach of franchisee agreement
• Non-compete provisions
• Royalty provisions
• Trademark infringement
• Intellectual property disputes, including over ownership of tangible and intangible assets, such as trademarks, websites, website designs, domains, social media pages, reviews, Google My Business accounts, and other online assets. 

Securities and FINRA.  Do you need a Fort Myer investor fraud lawyer? When you make claims regarding investment losses, you usually must go through mandatory arbitration as required by the Financial Industry Regulatory Authority (FINRA). We understand that and our litigators are well-versed in FINRA arbitrations. Situations that can lead to investment fraud are: 

• Misrepresentation regarding an investment
• Churning by brokers
• Placing clients into investments that the broker knows or should know are unsuitable given the client’s circumstances 
• Breach of fiduciary duties owed to a client, which can occur when a broker sells funds because he or she will receive a higher commission rate than similar, better performing funds.
• Unauthorized trading
• Ponzi-scheme victims 

For a free initial consultation, contact our attorneys at (877) 858-6868 or coordinator@caklegal.com.

What damages are available for breach of contract in Florida? 

Breach of contract damages varies from state to state. Our Fort Myers business breach of contract attorneys are experts in breach of contract claims involving businesses. 

Florida law allows a person to recover compensatory and special damages for a breach of contract claim. What do compensatory damages and special damages include in Florida?

• Compensatory damages are damages intended to ensure that the non-breaching party is in as good a position as it would have been if the contract had not been breached. Compensatory damages must flow naturally from the breach. Florida Courts have held “An injured party in a breach of contract is entitled to recover those damages that ‘naturally flow from the breach and can reasonably be said to have been contemplated by the parties at the time the contract was entered.” Mnemonics, Inc. v. Max Davis Assocs., Inc., 808 So. 2d 1278, 1280 (Fla. 5th DCA 2002). 

• Special damages include money intended to recompense a non-breaching party for damages that did not naturally result from the breach. To be entitled to special damages, the non-breaching party has the burden of proof of proving that the breaching party knew or reasonably should have known such a breach would cause the special damages. The Florida Third DCA in Bialkowicz v. Pan Am. Condominium No. 3, Inc. described the special damages in that case “as damages that do not naturally and ordinarily result from the trespass (the wrong in this case) or in general a breach.” 

If you are in need of a top Fort Myers breach of contract lawyer, contact us today at (877) 858-6868 or coordinator@caklegal.com.

In Florida, Do I need a written contract to create a partnership?

No. A partnership occurs when two or more individuals act as co-owners in a business. Co-owners can inadvertently form a partnership. They do not have to intend to create it. Courts will look at the acts of the owners to see if they engage as co-owners. Common ways Florida courts have found co-owners to create a partnership is when they open joint bank accounts, comingle funds and share profits and losses in the business. 

At Cantrell Schuette, our business litigation attorneys have substantial experience in partnership disputes and providing guidance to partners to help avoid disputes. 

What types of fee arrangements do you offer? 

Our fee options vary on a case-to-case basis. While most of our fee arrangements are paying by the hour or flat fees, we also offer contingency fee arrangements for some cases. To discuss fee arrangements, speak with one of our attorneys. We can be contacted at (877) 858-6868 or coordinator@caklegal.com. 

How to find a top Fort Myers, Florida business litigation lawyer? 

At Cantrell Schuette our business litigation attorneys are leaders in the field. For a free consultation with one of our business litigators, call us at (877) 858-6868 or email us at coordinator@caklegal.com.