Unfair Competition

In the competitive business environment of St. Petersburg, our attorneys specialize in resolving disputes related to unfair competition. Whether dealing with false advertising, trademark infringement, or temporary injunction hearings, we are committed to protecting our clients’ interests. Our expertise extends to navigating complex unfair competition cases, including: 

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

Intellectual Property & Trade Secrets

When it comes to safeguarding intellectual property and trade secrets, our attorneys are at the forefront in St. Petersburg. From resolving trademark infringement to handling disputes over website domains, copyrights, and online assets, we bring a nuanced understanding of the legal intricacies in this dynamic field. Clients seeking a reliable partner for intellectual property matters can trust our seasoned professionals. Our expertise covers a multitude of trade secret and intellectual property issues, including: 

• Trademark infringement
• Copyright infringement
• Misappropriation of likeness
• Trade secrets theft or misappropriation
• Website domain squatting (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
• Breach of IP agreements

Professional Liability

In the realm of professional liability, our St. Petersburg lawyers stand ready to address legal malpractice and insurance agent malpractice issues. We recognize the gravity of failures such as negligent contract drafting or improper corporate setups, and our commitment to securing justice for our clients is unwavering. Trust us to navigate the complexities of professional liability cases with diligence and expertise. The following are some examples of the types of professional liability cases we handle: 

• Failure to comply with pre-filing requirements
• Failure to file lawsuits within 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
• Legal malpractice and insurance agent malpractice

Corporate Governance, Shareholders and Partnerships:

Navigating corporate governance, shareholder, and partnership disputes requires a seasoned approach, and our St. Petersburg business lawyers rise to the occasion. From breaches of shareholder agreements to disputes during business winddowns, we offer comprehensive legal representation. Our commitment to upholding fiduciary duties and resolving intricate corporate matters sets us apart as trusted advisors in St. Petersburg’s business landscape. Examples of cases we litigate include: 

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

Trust and Estates

In the realm of trust and estates litigation, our St. Petersburg attorneys handle asset disputes in probate with precision. Recognizing the unique challenges presented in these cases, we advocate for our clients in matters such as contested conservatorships and inadequate formalities in wills and trusts. For those seeking adept legal guidance in probate disputes, our business litigation practice is a dependable ally. Examples of probate cases we handle include: 

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

Business Defamation, Libel, & Slander

Defamation presents a significant risk to the reputation and financial stability of individuals and businesses alike. The spread of untrue statements can result in a damaged public image, customer loss, and harm to goodwill, causing substantial negative impact. For individuals, defamation may lead to emotional distress, strained relationships, and adverse effects on employment or finances. At Cantrell Schuette, P.A., our skilled St. Petersburg business dispute attorneys focus on assisting clients dealing with defamation lawsuits, providing expert guidance to both businesses and individuals. Whether representing private individuals, businesses, or public figures, our lawyers are adept at navigating the complexities of defamation suits. Trust us to safeguard your reputation with diligence and strategic advocacy. 

Insurance Coverage Disputes

When faced with insurance coverage disputes, our St. Petersburg attorneys provide dedicated representation to businesses and individuals alike. From seeking coverage for business damages to addressing insurance issues arising from unforeseen events like COVID, we bring substantial experience to the table. Our commitment is unwavering in securing the coverage our clients deserve. Insurance disputes we handle include: 

• 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

In the intricate landscape of employment law, our St. Petersburg attorneys specialize in addressing a myriad of workplace matters. From unlawful discrimination to non-compete agreements, our core practice area is dedicated to navigating the complexities of employment law. Businesses and individuals alike can rely on our expertise for effective resolution of employment-related disputes, including: 

• Unlawful discrimination
• Hostile work environment
• Executive compensation
• Bonuses and commissions
• Family and Medical Leave Act (FMLA)
• Non-compete agreements

Franchisor-Franchisee

Navigating the intricate dynamics of franchisor-franchisee relationships requires specialized legal insight, and our St. Petersburg lawyers excel in this arena. From contract negotiation to resolving disputes involving non-compete provisions and trademark infringement, our comprehensive approach ensures that the interests of both franchisors and franchisees are diligently represented. Our business dispute attorneys handle a wide range of franchise related matters such as: 

• Contract negotiation
• Breach of franchisee agreement
• Non-compete provisions
• Royalty provisions
• Trademark infringement
• Intellectual property disputes

Securities and FINRA

For those seeking legal representation in securities and FINRA matters, our St. Petersburg attorneys offer unparalleled expertise. From addressing investment losses to navigating claims of misrepresentation and unauthorized trading, we bring a wealth of experience to the table. Trust us to advocate for your rights in the complex arena of securities fraud and FINRA arbitration, including: 

• Claims involving investment losses subject to FINRA arbitration
• Misrepresentation regarding an investment
• Churning by brokers
• Placing clients into unsuitable investments
• Breach of fiduciary duties
• Unauthorized trading
• Ponzi-scheme victims

No matter the nature of your business dispute, we can help. For a free initial consultation with one of our attorneys, contact us at (727) 509-6555 or coordinator@caklegal.com.

What laws apply to business disputes in St. Petersburg, Florida? 

Business ownership disputes in St. Petersburg, Florida, are governed by a comprehensive legal framework that includes federal, state, and local laws, as well as contractual agreements between parties. These disputes may arise from various issues such as breach of contract, shareholder disagreements, operation agreement disputes, intellectual property conflicts, and more. St. Petersburg adheres to Florida contract law, where contracts, whether written or verbal, establish terms and conditions, and disputes are typically handled in state courts. Organization agreements, like partnership and shareholder agreements, play a vital role in outlining rights and obligations, often incorporating dispute resolution mechanisms. The choice of business entity, such as a corporation or LLC, significantly influences the legal rights and responsibilities of business owners, with specific laws and regulations governing each type of entity. 

Intellectual property disputes involving trademarks, copyrights, patents, and trade secrets are regulated by federal laws, supplemented by Florida state laws. Non-compete agreements, prevalent in St. Petersburg’s competitive business landscape, are subject to Florida law governing their enforceability. Securities laws, encompassing federal and state statutes like the Securities Act of 1933 and the Florida Securities and Investor Protection Act (FSIPA), ensure transparency, fairness, and investor protection. 

The following is a non-exhaustive list of laws and regulations that may affect your business dispute: 

• Florida’s Revised Limited Liability Company Act: This law governs the formation, operation, and dissolution of limited liability companies (LLCs) in Florida, outlining the rights and responsibilities of members and managers.
• Florida’s Business Corporation Act: Regulating the formation and management of corporations in Florida, this law addresses issues such as shareholder rights, corporate governance, and the process of mergers and acquisitions.
• Florida’s Revised Uniform Partnership Act: Governing the formation and operation of partnerships in Florida, this act outlines the rights and obligations of partners, as well as the rules for partnership dissolution and winding up.
• Florida’s Revised Uniform Limited Partnership Act: This law governs the formation, operation, and dissolution of limited partnerships in Florida, delineating the roles and responsibilities of general and limited partners. It establishes the framework for the creation of limited partnerships, addressing issues such as distribution of profits, management structure, and the liability of partners.
• Florida’s Professional Service Corporations Act: This law pertains to corporations providing professional services, establishing guidelines for their formation and operation, with a focus on maintaining professional standards.
• Florida’s Uniform Fraudulent Transfer Act: Designed to prevent fraudulent asset transfers, this act provides a legal framework to invalidate transfers made with the intent to defraud creditors.
• Florida’s Trust Code: Addressing the creation, modification, and termination of trusts in Florida, this code sets forth rules regarding trustee duties, beneficiary rights, and trust administration. In the context of business, the Trust Code becomes relevant when businesses use trust structures for financial and estate planning, ensuring compliance with legal requirements and facilitating the seamless transfer of business assets within the framework of trust arrangements.
• Florida’s Uniform Trade Secret Act: Protecting intellectual property, this act establishes legal remedies for the misappropriation of trade secrets and confidential business information.
• Florida’s Antitrust Act: Focused on promoting fair competition, this law prohibits anticompetitive practices and aims to prevent monopolies, fostering a competitive marketplace.
• Florida Whistleblower Act: Providing legal protection to employees who report illegal or unethical activities within their organizations, this act encourages whistleblowing while safeguarding whistleblowers from retaliation. 
• Florida’s Restrictive Covenant Statute: Regulating non-compete agreements and other restrictive covenants in employment contracts, this statute aims to balance the interests of employers and employees. 
• Florida Deceptive and Unfair Trade Practices Act: Targeting unfair business practices, this act prohibits deceptive advertising, fraud, and other unfair trade practices to protect consumers and maintain market integrity.
• Securities Act of 1933: Enacted to ensure transparency in securities offerings, this federal law requires companies to disclose relevant information to potential investors.
• Securities Exchange Act of 1934: Regulating securities markets and exchanges, this act establishes the Securities and Exchange Commission (SEC) and sets rules for securities trading and corporate disclosure.
• Florida Securities and Investor Protection Act (FSIPA): Designed to protect investors in Florida, this state law outlines regulations for securities transactions, registration of securities, and investor safeguards.
• Lanham Act: Focused on trademarks and unfair competition, this federal law provides the legal framework for the registration and protection of trademarks, as well as addressing false advertising.
• Copyright Act of 1976: Governing copyright law in the United States, this act establishes the rights of creators and regulates the use and protection of original works of authorship.

The legal team at Cantrell Schuette, P.A. is available to assist in navigating these complex business disputes, emphasizing the importance of understanding the interplay between federal, state, and local laws, as well as contractual arrangements, in the resolution process. For a complimentary consultation, you can contact us at (727) 509-6555or coordinator@caklegal.com.

What does a defamation case look like in St. Petersburg, Florida? 

In St. Petersburg, Florida, the standards for defamation, libel, and slander vary depending on whether the person suing is a public figure. For private plaintiffs (non-public figures) and non-media defendants, defamation requires: (i) a false statement about the plaintiff; and (ii) the false statement tends to harm the plaintiff’s reputation. Examples include cases where a neighbor implies a builder used illegal building permits or an employee falsely accused someone of stealing. Damages in defamation cases can include harm to reputation, mental anguish, medical expenses, lost earnings, and more. Defamation per se, which occurs when the defendant implies the plaintiff committed an unlawful act, allows for nominal and punitive damages. 

Are you in need of a St. Petersburg defamation attorney? Our legal team specializes in business litigation and possesses extensive experience handling defamation and slander claims across various situations, including business-to-business and workplace scenarios. We recognize the potential devastating impact of defamation on both personal and professional aspects of one’s life, leading to significant financial consequences.

Feel free to reach out to us today to discuss your situation with one of our skilled St. Petersburg defamation lawyers. You can contact us at (727) 509-6555 or via email at coordinator@caklegal.com.

St. Petersburg and Pinellas County Courts

Cantrell Schuette, P.A. proudly serves the diverse legal needs of the St. Petersburg area community. St. Petersburg, situated in Pinellas County, is part of the Sixth Judicial Circuit, which covers both Pasco and Pinellas counties. Home to 69 judges, including 45 at the circuit level and 24 in county courts, the Sixth Circuit stands as Florida’s third-largest trial court. Recognized nationally for its efficiency, the circuit plays a pivotal role in the Central West Coast of Florida’s legal landscape.

Comprising two county courts, each with jurisdiction only in its home county, and a circuit court with jurisdiction in both counties, the Sixth Judicial Circuit features nine court divisions where cases are diligently adjudicated. With general jurisdiction, the Circuit Courts handle a wide spectrum of cases, including criminal, civil, family, probate, and juvenile matters, and manages appeals from Pinellas and Pasco county courts. 

Pinellas and Pasco County Courts operate with limited jurisdiction, handling less severe criminal cases, small claims, certain civil matters, traffic infractions, and misdemeanor cases. In both counties, cases are assigned to one of 13 Court Divisions based on type, with judges randomly assigned within these divisions.

St. Petersburg, and the rest of the Sixth Judicial Circuit falls under the jurisdiction of the Second District Court of Appeal, one of the six appellate districts in Florida handling appeals from circuit courts within their respective districts. We excitedly await the completion of the brand-new courthouse for the Second District Court of Appeals in downtown St. Petersburg!  

St. Petersburg is within the jurisdiction of the U.S. District Court for the Middle District of Florida. This federal court handles cases related to federal laws, constitutional issues, and disputes between residents of different states. The Tampa Division, located in downtown Tampa, Florida, serves Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.

Cantrell Schuette, P.A. is honored to serve the St. Petersburg area, including Pinellas and Pasco County with a dedicated team of experienced business dispute lawyers. With profound experience in both state and federal courts, we navigate the local judiciary, ensuring our clients receive tailored, high-quality legal counsel for their specific needs. Whether it is business disputes, complex litigation, or federal matters, trust Cantrell Schuette, P.A. for insightful, effective, and dedicated legal representation. Schedule your free consultation with one of our experienced St. Pete business dispute attorneys today at (727) 509-6555 or email us at coordinator@caklegal.com.