Business and Commercial Litigation Attorneys in Sarasota, FL

Award Winning Business and Commercial Litigation Attorneys

Cantrell Schuette, P.A., has a group of attorneys dedicated to business litigation and present clients in Sarasota. We differentiate ourselves from other Sarasota law firms because business dispute litigation is one of our primary practices. Business litigation is also known as “complex business litigation” or “commercial litigation”. Business litigation generally involves disputes between or among businesses, shareholders, partners, employees, vendors, or other parties.

Our Sarasota business litigation attorneys have represented numerous clients in Sarasota’s state courts and in federal court. We also have experience representing clients in other state and federal courts throughout Florida and in alternative dispute methods such as arbitration and mediation.

We have substantial experience in virtually every type business dispute imaginable, including business disputes involving employment, intellectual property, competition, real estate, corporate governance, shareholders/partnerships, professional malpractice, contracts, and insurance.

Our clientele ranges from Fortune 500 companies and regional businesses to individuals, including CEOs, COOs, CFOs, General Counsels, professionals (such as attorneys, doctors, nurses, CPAs, brokers, etc.), blue-collar workers, and groups of employees. Our attorney reputation precedes us as other Sarasota attorneys routinely reference clients to us. Our attorneys have elite credentials, including attending top law schools, graduating in the top 10% of law class, and regularly providing seminars on business law topics to other lawyers and businesses.

Below is an overview of our experience, attorney credentials, and frequently asked questions. 

BUSINESS LITIGATION EXPERIENCE IN SARASOTA, FL 

The attorneys in our business litigation practice group have experience across many sectors, which have afford them a unique perspectives in dispute resolution and litigation strategies. Below is a list of business issues for which we provide our expertise on:

  • Breach of contract
  • Partnership management or dissolution 
  • Corporate governance issues, including minority shareholder oppression and entity control disputes
  • Non-competition, non-solicitation, and non-disclosure agreements 
  • Misrepresentation and fraud in business dealings (including buy-sell and other acquisition agreements)
  • Business defamation, libel, and slander 
  • Intellectual property disputes
  • Trust and probate issues
  • Compensation issues, including equity or stocks, bonuses, and commissions
  • Breaching financial agreements
  • Asset ownership disputes, including tangible property, websites, domain names, social media pages
  • Franchisor and franchisee issues
  • Real estate property issues 
  • Professional liability, including attorney malpractice and insurance agent malpractice
  • Employment law
  • Antitrust and competition law
  • Insurance coverage 

Our top Sarasota business dispute lawyers are also well-versed in Florida’s unique business laws, regulations, and ordinances, including:  

Sarasota County, Florida has several ordinances that are applicable to businesses, including required licenses for certain types of businesses. Sarasota County also has a helpful publicly available business startup advising website, which covers many topics, such as risks, business plan writing assistance, finance and funding, and relocation documents. Sarasota County includes the cities of Sarasota, Venice, North Port, Longboat Key, Nokomis, Gulf Gate Estates, Pinecraft, Crescent Beach, Englewood, Englewood Beach, Inglewood, Lakewood Ranch, Laurel, North Venice, and Osprey.

For a free consultation with one of our Sarasota County business dispute attorneys, please do not hesitate to reach out to us at (877) 858-6868 or coordinator@caklegal.com

Sarasota Business Dispute Attorneys
Sarasota Business Dispute Attorneys

OUR SARASOTA BUSINESS LITIGATION ATTORNEYS 

At stake in many business disputes are our client’s livelihoods, reputations, and years of hard work.

When you hire us, you will be working with attorneys that provide thoughtful guidance, focused on achieving your objectives without unnecessary time or costs. 

The credentials of our business litigation attorneys are second to none. They graduated in the top 10% of their law school class, attended elite law schools such as Harvard, and/or give regular training on advanced business litigation topics to fellow attorneys and business owners.  Just as important, our business litigators’ have practiced for an average of at least 10 years in business litigation, including handling jury trials, bench trials, arbitrations (before AAA, JAMS, and FINRA), and mediations.

Our business lawyers are considered leaders in the field. They provide training on business trial techniques and are actively involved in various professional organizations such the American Bar Association Litigation Section.

Lastly, our business dispute attorneys are award-winning litigators as they have been listed in Florida Super-Lawyers and Best Lawyers, and obtained AV Rating by Martindale Hubbell. These awards are highly regarded in the legal community because they are awarded based on a peer-review including other attorneys and judges. 

Do you need a top Sarasota business litigator? If so, call us at (877) 858-6868 or email us at coordinator@caklegal.com. 

OUR CLIENTS AND RECENT SUCCESSES 

Here is just a very small sample of our recent successes in Florida, including lawsuits and arbitrations in Sarasota: 

  • Obtained an 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 for a 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 the implied covenant of good faith and fair dealings. 
  • Obtained injunction against competing businesses 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. 

We are glad to speak with you for a free initial consultation. Contact us at (877) 858-6868 or coordinator@caklegal.com. 

SARASOTA AND SARASOTA COUNTY COURTS

Sarasota is in Sarasota County, Florida. There are several state courts in Sarasota and a federal court. The state courts include small claims courts, county courts, and circuit courts. The circuit court is part of Florida’s Twelfth Judicial Circuit. While Sarasota’s Circuit Court does not have a complex business litigation division, neighboring circuit courts do and we have a wealth of experience in these divisions too. The federal court in Sarasota is part of the U.S. Middle District of Florida

We regularly practice in the state and federal courts in Sarasota County. We are often very familiar with our opposing attorneys and have a vast of experience before most of the judges.

FAQS 

What types of business litigation cases do you handle?

Our Sarasota commercial business litigators have successfully won judgments in several high-stakes business disputes. Our attorneys are well-versed in the following commercial litigation issues:

Breach of Contract and Business Torts. We have represented clients in virtually every type of contract dispute. The following is a brief but not exhaustive list of contracts and agreements we handle for clients: 

  • 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 litigators are also familiar with Florida business tort claims and statutory claims that are usually made in conjunction with a breach of contract claims, including:

  • 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 reputation of representing clients in disputes involving competition. Our Florida non-compete lawyers are experts in Florida non-compete law. Examples of unfair competition cases that we handle 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. If you are searching for a Sarasota intellectual property or trade secret attorney, contact us. The attorneys in our business litigation practice handle intellectual property and trade secrets cases. Examples include: 

  • 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. This includes legal malpractice and insurance agent malpractice, among others. Examples of types of legal malpractice include:

  • Failure to comply with the 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 top Sarasota business lawyers regularly represent clients in 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.  We represent clients in probate litigation. While family law attorneys handle probate issues, Cantrell Schuette is the firm that can handle your high-stake probate dispute. Probate disputes are most often similar to business disputes. If you need a Sarasota trust and estate attorney for a probate dispute, our business litigators can be of assistance. Common examples of issues that are litigated include:

  • 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. Contact us if you need a Sarasota attorney for business defamation, libel, and slander. Our attorneys have vast experience in defending against or prosecuting claims of business defamation for private individuals.

Insurance Coverage Disputes. We understand how complex it may be dealing with your insurance carrier when they are denying you coverage. We pride ourselves on representing plaintiffs, namely businesses and individuals. We do not represent insurance companies. If you need a Sarasota insurance coverage attorney, please do not hesitate to reach out to us for a free consultation. Our business litigators have vast experience dealing with Florida insurance coverage disputes. Examples of situations involving coverage disputes include: 

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

Employment. One of our defining practice areas is employment law. Employment disputes our Sarasota employment lawyers handle include wrongful termination, unlawful discrimination, hostile work environment, executive compensation, bonuses, and commissions, Family and Medical Leave Act, and non-compete agreements. 

Franchisor-Franchisee. If you need a Sarasota franchisee attorney, contact us. Our Sarasota commercial litigators have a wealth of experience in franchisor-franchisee disputes. Examples of disputes we handle between franchisors and franchisees are: 

  • Compliance with the FTC Franchise Rule and state franchise laws
  • 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 Sarasota investor fraud attorney? If you do, contact us. 

Investment losses claims are routinely subjected to mandatory arbitration by the Financial Industry Regulatory Authority (FINRA). Common examples of situations that result in securities 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 

Contact Cantrell Schuette at (877) 858-6868 or coordinator@caklegal.com for a free consultation with one of our lawyers.

What damages are available for breach of contract in Florida? 

Available damages for breach of contract varies state by state. Our Sarasota breach of contract lawyers are experts in breach of contract claims involving businesses. 

In Florida, for a successful breach of contract claims, awarded damages may be compensatory damages and special damages. What do compensatory damages and special damages include in Florida?

  • Compensatory damages are the calculated amount that would put the non-breaching party in the same position they would have been if the contract had not been breached. Florida’s First DCA Court defined it as “the injured party in a breach of contract case being entitled to money damages that would place them in the same position they’d be in if the opposing party had not breached the contract” Capitol Environmental Svcs., Inc. v. Earth Tech, Inc., 25 So.3d 593, 596 (Fla. 1st DCA 2009).
  • Special damages are the amount of money used to compensate the nob-breaching party for special circumstances that lead to damages that would not normally flow from the breach of contract. The harmed party must prove that when the parties made the contract, the breaching party knew or reasonably should have known of the special circumstances leading to such damages. Florida’s Fifth DCA Court defined special damages as Land Title of Central Fla., LLC v. Jimenez, 946 So.2d 90, 93 (Fla. 5th DCA 2006), “damages that do not necessarily result from the wrong or breach of contract complained of, or which the law does not imply as a result of that injury, even though they might naturally and proximately result from the injury. 

If you need to speak with a Sarasota breach of contract attorney, contact us today at (877) 858-6868 or coordinator@caklegal.com. 

In Florida, what constitutes business defamation, libel, and slander?

The defining factor in a Florida defamation, libel, and slander case hinges on whether the suing party is a public figure. The legal standard to sue a public figure for defamation is extremely high.

When the person who is defamed is non-public figure, the elements of defamation are: 

  1. The defendant made a false statement concerning the plaintiff; and
  2. The false statement has the capability to expose the plaintiff to distrust, ridicule, or contempt or negatively impact the plaintiff’s reputation. 

These elements are rooted in Florida case law. As an example, in Scott v. Busch, 907 So. 2d 662, 667 (Fla. 5th DCA 2005), a Florida appellate court held that a non-public figure individual could sue his neighbor for implying that the plaintiff obtained illegal building permits.  Likewise, in Myers v. Jim Russo Prison Ministries, Inc., 3 So. 3d 411 (Fla. 2nd DCA 2009), a Florida appellate court ruled that a non-public figure individual could sue a hospital employee for allegedly making false statements to the hospital that he had stolen hospital property.

Some potential damages in a defamation case are (i) injury to reputation, shame, humiliation, mental anguish, hurt feelings; (ii) aggravation or activation of diseases or physical defect (iii) medical expenses; and (iv) lost earnings, lost working time, lost earning capacity. 

When a defendant states or attempts to imply by a statement that the plaintiff took an unlawful act, that constitutes defamation per se. Damages recoverable under defamation per se can include nominal and punitive damages. See Myers v. Jim Russo Prison Ministries, Inc., 3 So. 3d 411, 412 (Fla. 2nd DCA 2009). 

Do you need a Sarasota defamation and slander attorney? Our Sarasota business litigators have substantial experience filing and defending against defamation and slander lawsuits in various situations such as business-to-business defamation and workplace defamation. 

We take defamation very seriously because we recognize that defamation can easily ruin someone’s personal and professional life causing irreparable financial harm. 

Contact us today to speak with one of our premier Sarasota defamation attorneys at (877) 858-6868 or coordinator@caklegal.com. 

What types of fee arrangements do you offer? 

The fee arrangements offered depends on the circumstances and mitigating factors that may be involved in the case. For some Sarasota business lawsuits, we offer pure contingency fee arrangements or hybrid arrangements (i.e., smaller contingency with a reduced hourly rate). We also offer an hourly rate or flat fee arrangements.

To discuss your case and learn about potential fee arrangements, call us today at (877) 858-6868 or email us at coordinator@caklegal.com. 

How to find a top Sarasota, Florida business litigation lawyer? 

The attorneys in our business litigation practice group are at the top of their field and are well often known and respected by other opposing attorneys and judges. To speak with one of our business litigators, contact us at (877) 858-6868 or coordinator@caklegal.com. 

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