Tampa Business Disputes Attorneys
Florida business litigation often involves high-stakes disputes involving claims of breach of contract, trade secret misappropriation, partner or shareholder fiduciary duties, breach of franchise agreements, unfair competition, and business defamation. Our Tampa business lawyers are a go-to choice for high-stakes business disputes.
Award Winning Business Disputes Lawyers In Tampa
Cantrell Schuette, P.A., is a Tampa business litigation law firm. Unlike most other Tampa law firms, business dispute litigation is one of our defining practices. Whether called “commercial litigation,” “business litigation,” or “complex business litigation,” those phrases refer broadly to disputes between or among businesses, shareholders, partners, employees, vendors, and parties to a transaction.
At Cantrell Schuette, P.A., the attorneys in our Tampa business litigation practice have represented many clients in the state courts and federal court in Tampa. We have also represented clients throughout many of the other state and federal courts in Florida, and in alternative dispute forms throughout Florida, including arbitrations and mediations.
Our top Tampa business dispute lawyers have handled virtually every area of business torts and commercial litigation. We have substantial experience in complex controversies involving employment, intellectual property, competition, real estate, probate, corporate governance, shareholders/partnerships, professional malpractice, contracts, and insurance.
Our Tampa business lawyers have represented clients ranging from several Fortune 500 companies, regional businesses, and successful entrepreneurs to CEOs, General Counsels, judges, nurses, blue-collar workers, and groups of employees. Due to our credentials and experience, we are often referred clients by other attorneys in the Tampa area. Our attorneys have elite credentials, such as graduating in the top 5% of their law class, attending Ivy League (such as Harvard law), and regularly providing training seminars on their specialties.
Below is an overview of our experience, attorney credentials, and frequently asked questions.
BUSINESS LITIGATION EXPERIENCE IN TAMPA, FL
Our Tampa commercial litigation attorneys’ broad experience in litigating complex business disputes in many industries provides them unique perspective in offering dispute resolution recommendations and litigation strategies. Here is a non-exhaustive list of potential business dispute issues that we handle that can lead to a lawsuit:
- Breach of contracts or agreements
- Partnership management or dissolution
- Corporate governance issues, including minority shareholder oppression and entity control disputes
- Non-competition, non-solicitation, and non-disclosure agreements
- Misrepresentation or fraud in business dealings (including buy-sell and buyout agreements and sales of securities
- Business defamation, libel, and slander
- Intellectual property issues
- Trust and probate disputes
- Compensation disputes, including equity, bonuses, and commissions
- Breaking financial agreements
- Ownership of assets, including tangible property, websites, domain names, social media pages
- Franchisor and franchisee disputes
- Real estate property disputes
- Professional liability, including attorney malpractice and insurance agent malpractice
- Employment issues
- Antitrust and competition issues
- Insurance coverage issues
Our top Tampa business dispute lawyers are also well-versed in Florida’s unique business laws, regulations, and ordinances, including:
- Florida’s Revised Limited Liability Company Act
- Florida’s Business Corporation Act
- Florida’s Revised Uniform Limited Partnership Act
- Florida’s Professional Service Corporations Act
- Florida’s Uniform Fraudulent Transfer Act
- Florida’s Trust Code
- Florida’s Uniform Trade Secret Act
- Florida’s Antitrust Act
- Florida Whistleblower Act
- Florida’s Restrictive Covenant Statute (non-competes, non-solicits, non-disclosures)
Hillsborough County, Florida also has several ordinances that may apply to businesses, including required licenses for certain types of businesses. Hillsborough County also has a helpful publicly available startup business checklist, which covers many topics, such as pre-business planning, selecting business names, required licenses, zoning and permitting requirements, business taxes, required insurance, and financing. Hillsborough County includes the cities of Tampa, Ruskin, Sun City Center, Gibsonton, Citrus Park, Lutz, Wimauma, Plant City, Valrico, Thonotosassa, Brandon, Temple Terrace, Carrollwood, Town ‘n’ County, Riverview, Seffner, Dover, and Westchase.
For a free consultation with one of our Hillsborough County business dispute attorneys, contact us at (813) 705-6275 or coordinator@caklegal.com.
OUR TAMPA BUSINESS ATTORNEYS
We understand that our client’s livelihoods, reputations, and years of hard work are at stake in many business disputes. With Cantrell Schuette, P.A., you are hiring business litigation attorneys that provide white-glove care, focus on achieving your objectives without unnecessary time or costs, and are at the top of their field. We also often offer contingency arrangements for litigation to ensure we get paid to win, not bill hours.
The educational accolades of our Tampa business litigation attorneys include graduating in the top 10% of their law school class, attending elite and Ivy League law schools (such as Harvard), and regular training on advanced business litigation topics. Just as important, most of our Tampa business litigation attorneys have practiced a minimum of 10 years in business litigation, including handling jury trials, bench trials, arbitrations (before AAA, JAMS, and FINRA), and mediations.
Our business lawyers also contribute to the profession by providing seminars and webinars on advanced business litigation topics and trial techniques and participating in leadership positions in various professional organizations. Those organizations include, but are not limited to, the Hillsborough County Bar Association and the American Bar Association Litigation Section.
Finally, our Tampa business law attorneys have won many awards, including inclusion in Florida Super-Lawyers and Best Lawyers, and obtaining AV Rating by Martindale Hubbell. Each of these awards is based on a peer-review system.
Are you in need of a top Tampa business litigation attorney? If so, contact us at (813) 705-6275 or coordinator@caklegal.com.
OUR CLIENTS AND RECENT SUCCESSES
While many law firms handle business disputes in Tampa, the attorneys in our business litigation practice group are considered among the best. Our clients have included international companies, successful entrepreneurs, CEOs, CFOs, human resource managers, buyers and sellers of business, buyers and sellers of real estate, franchisees, top sales producers, physicians, real estate agents, insurance agents, groups of employees, attorneys, and judges.
Here are just a very small sample of our recent successes in Florida, including lawsuits and arbitrations in Tampa:
- 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 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.
We are glad to speak with you for a free initial consultation. Contact us today at (813) 705-6275 or coordinator@caklegal.com.
TAMPA AND HILLSBOROUGH COUNTY COURTS
Tampa is in Hillsborough County, Florida. There are several state courts in Tampa and a federal court. The state courts include small claims courts, county courts, and circuit courts. The circuit court is part is part of Florida’s Thirteenth Judicial Circuit. Unlike some Florida counties, the Hillsborough County Circuit Court includes a Complex Business Litigation Division . The federal court in Tampa is part of the U.S. Middle District of Florida.
Our top Tampa commercial litigation lawyers regularly practice in the state and federal courts in Hillsborough County. We know many of the opposing attorneys and have experience before most of the judges, including the judges in the Complex Business Litigation Division and Tampa Division of the U.S. Middle District of Florida.
Frequently Asked Questions
Our Tampa business litigation attorneys have successfully handled a wide range of high-stakes business disputes. We have attorneys with substantial experience in the below types of business disputes.
Breach of Contract and Business Torts. We have represented clients in virtually every type of contract dispute. The following are some examples of the types of contracts and agreements we handle with 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
In addition to breach of contract claims, are intimately familiar with Florida business tort claims and statutory claims that are often asserted in connection 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. A defining practice of the firm is handling disputes involving competition. Our Tampa non-compete lawyers are experts in Florida non-compete law. Examples of situations that we are retained to 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 Tampa intellectual property or trade secret attorney, contact us. The attorney in our business litigation practice group handles intellectual property and trade secret related disputes. 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 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
Corporate Governance, Shareholders and Partnerships. Our top Tampa 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 handle litigation concerning asset disputes in probate. While we are not family attorneys, probate disputes are often more akin to high-stakes business disputes than traditional family law issues. If you need a Tampa trust and estate attorney for a probate dispute, the attorneys in our business litigation practice can help. 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. If you need a Tampa attorney for business defamation, libel, and slander, contact us. Our attorneys routinely assert and defend against claims of business defamation. We represent private individuals, businesses, and public figures in defamation suits.
Insurance Coverage Disputes. We represent businesses and individuals, not insurance companies. You’ve paid premiums for years, but now your insurance carrier is denying coverage. If you need a Tampa insurance coverage attorney, contact us. The attorneys in our business litigation practice group have substantial experience 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
- EPLI coverage
- Representation and warranty insurance relating to mergers and acquisitions and other transactions
Employment. One of our core practice areas is employment law. A few examples of workplace law matters our Tampa employment lawyers handle include 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 Tampa franchisee attorney, contact us. Our Tampa business litigation lawyers have significant experience in franchisor-franchisee disputes. Examples of issues we handle in this context 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. Contact us if you need a Tampa investor fraud attorney. Claims involving investment losses generally are subject to mandatory arbitration by the Financial Industry Regulatory Authority (FINRA). Common examples of situations that may lead to securities fraud include:
- 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
To speak with one of our attorneys for a free initial consultation, contact us at (813) 705-6275 or coordinator@caklegal.com.
Damages that may be available for a breach of contract depend on State law. Our top Tampa breach of contract lawyers are specialists in breach of contract claims involving businesses.
In Florida, the damages available for a breach of contract include compensatory damages and special damages. What do compensatory damages and special damages include in Florida?
- Compensatory damages are the amount of money which will put the non-breaching party in as good a position as he or she would have been if the breaching party had not breached the contract and which naturally result from the breach. In other words, as stated by the Court in Capitol Environmental Svcs., Inc. v. Earth Tech, Inc., 25 So.3d 593, 596 (Fla. 1st DCA 2009), “It is well-settled that the injured party in a breach of contract action is entitled to recover monetary damages that will put it in the same position it would have been had the other party not breached the contract.”
- Special damages are that amount of money which will compensate the non-breaching party for those damages which do not normally result from the breach of contract. To recover special damages, the non-breaching 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. Stated differently, the Court in Land Title of Central Fla., LLC v. Jimenez, 946 So.2d 90, 93 (Fla. 5th DCA 2006), explained special damages as “those 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. More succinctly, special damages are damages that do not follow by implication of law merely upon proof of the breach.”
If you need to speak with a Tampa breach of contract attorney, contact us today at (813) 705-6275 or coordinator@caklegal.com.
The standard for defamation, libel, and slander in Florida depends on whether the person suing is a public figure.
In the context of a private plaintiff (i.e., non-public figure) and non-media defendant, the elements of defamation are: (i) the defendant made a false statement concerning the plaintiff; and (ii) the false statement tend to expose the plaintiff to distrust, ridicule, or contempt or tend to injury the plaintiff in his reputation.
For 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 when the neighbor made statements to others than could be interpreted as implying the individual obtained illegal building permits). Similarly, 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 an employee of a hospital for alleging lying to the hospital that he had stolen property from the hospital.
Damages recoverable in a defamation case include, among other things: (i) injury to reputation; shame, humiliation, mental anguish, hurt feelings; (ii) aggravation or activation of diseases o physical defect (iii) medical expenses; (iv) lost earnings, lost working time, lost earning capacity.
Additionally, where a defendant states or implies that plaintiff took an unlawful act, that constitutes defamation per se. Defamation per se allows for both 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 Tampa defamation and slander attorney? The attorneys in our Tampa business litigation practice have substantial experience with defamation and slander claims in many contexts, including business-to-business defamation and workplace defamation. We understand that defamation can ruin someone’s personal and professional life and cause significant financial consequences.
Contact us today to speak with one of our top Tampa defamation lawyers at (813) 705-6275 or coordinator@caklegal.com.
The fee arrangements offered depends on the type of claim and circumstances involved. Do we sometimes act as a Tampa contingency fee business dispute attorney? Yes, for some Tampa business disputes, we offer pure contingency fee arrangements or hybrid arrangements (i.e., smaller contingency with a reduced hourly rate). Sometimes, contingency fee arrangements don’t make sense, and we can only offer an hourly rate or flat fee arrangements.
To discuss your case and potential fee arrangements, contact us today at (813) 705-6275 or coordinator@caklegal.com.
Our business dispute lawyers in Tampa are leaders in the field of business litigation and are well respected by other local attorneys and judges. To speak with one of the attorneys in our business litigation practice group, contact us at (813) 705-6275 or coordinator@caklegal.com.
