Business and Commercial Litigation Attorneys in West Palm Beach, FL

Award Winning Business and Commercial Litigation Attorneys

Cantrell Schuette, P.A. is a West Palm Beach business litigation law firm. Whether it is a dispute among businesses, partners, employees, vendors, shareholders, or parties to a transaction, Cantrell Schuette, P.A. can handle it. 

Our business litigation attorneys have represented many clients in the state courts and federal court in West Palm Beach. We have also represented clients throughout the other state and federal courts in Florida, and in alternative dispute forums throughout Florida, including both arbitrations and mediations. 

Our West Palm Beach business dispute practices includes virtually every area of business torts and commercial litigation, such as intellectual property, employment, real estate, shareholder/partnership disputes and breach of fiduciary duty claims, probate, corporate governance, competition, professional malpractice, contracts, and insurance coverage disputes.

Our attorneys have represented clients ranging from several Fortune 500 companies, regional businesses, and successful entrepreneurs. We regularly work with General Counsels, CEOs, judges, blue-collar workers, nurses, and groups of employees. Our credentials and experience have led us to receive many client referrals from other attorneys in the West Palm Beach area. These elite credentials include graduating in the top 10% of their law class, attending Ivy League law schools (such as Harvard law), and regularly presenting on our areas of expertise in industry groups, law school courses, and MBA programs. 

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

West Palm Business Disputes Attorneys
West Palm Business Disputes Attorneys

BUSINESS LITIGATION EXPERIENCE IN WEST PALM BEACH, FL 

Our West Palm Beach business litigation attorneys have broad experience litigating complex business disputes in many different industries. This provides them with unique perspectives for conflict resolution recommendations and litigation strategies. Here is a non-exhaustive list of some possible business dispute issues that you may have, and that we handle: 

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

Our West Palm Beach business dispute lawyers are also well-versed in Florida’s specific business laws, regulations, and ordinances, including the following:  

Palm Beach County, Florida also has multiple ordinances that may apply to businesses, including local business taxes for certain types of businesses. Palm Beach County also has a helpful publicly available startup business checklist, which covers many topics, such as selecting business names, the required licenses, business pricing tips, and more. Palm Beach County includes the city of West Palm Beach and 38 other incorporated municipalities. 

In need of a free consultation with one of our Palm Beach County business dispute attorneys? Contact us at (877) 858-6868 or coordinator@caklegal.com

OUR WEST PALM BEACH BUSINESS LITIGATION ATTORNEYS 

We understand that our clients’ livelihoods, reputations, and years of hard work are on the line in many business disputes. With our law firm, you are hiring business litigation attorneys that offer meticulous, individual care, and focus on achieving your objectives without unnecessary time or costs. We also often provide contingency arrangements for certain types of litigation to ensure we get paid to win, not to simply bill hours. 

The credentials of our West Palm Beach business litigation attorneys standout from the rest. These accolades include graduating in the top 10% of their law school class, attending high ranking and Ivy League law schools (such as Harvard), and regularly training other attorneys, law students, and professionals in advanced business litigation topics. Just as important, a majority of our West Palm Beach business litigation attorneys have practiced a minimum of 10 years specifically in business litigation, including handling jury trials, bench trials, arbitrations (before AAA, JAMS, and FINRA), and mediations. 

Finally, our West Palm Beach business law lawyers obtained many awards, including being named to Florida Super Lawyers, Florida Legal Elite, and Best Lawyers. We also have many that have obtained AV Rating by Martindale Hubbell, which is based on a peer-review system. 

 Are you in need of an experienced West Palm Beach business litigation attorney? If yes, contact us at (877) 858-6868 or coordinator@caklegal.com

OUR CLIENTS AND RECENT SUCCESSES 

Though there are many law firms that handle business disputes in West Palm Beach, the attorneys in our business litigation practice group are considered among the best. Our previous clients have included attorneys, international companies, successful entrepreneurs, CEOs, CFOs, human resource managers, buyers and sellers of business, physicians, real estate agents, buyers and sellers of real estate, franchisees, top sales producers, insurance agents, groups of employees, and judges. 

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

  • Obtained an injunction in Florida state court on behalf of an energy company against a former salesperson in connection with a violation of non-solicit and non-disclosure.
  • Successful defense was given for former franchisee in connection with claims of breach of contract, unfair competition, and trademark infringement. 
  • Obtained a complete dismissal of a lawsuit brought in federal court by a national staffing company against several former employees who asserted unfair competition, trade secret misappropriation, and violations of RICO. 
  • Won at arbitration on behalf of the purchaser of an online business against the seller and broker, who asserted claims of misrepresentation, fraud, breach of contract, and breach  of implied covenant of good faith and fair dealings. 
  • Won at arbitration on behalf of a hospital management company against a former physician-employee who alleged a breach of contract under a “for-cause termination” provision, defamation, and discrimination. 
  • Obtained an injunction against a competing business in connection with defamation and unfair competition. 

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

WEST PALM BEACH AND PALM BEACH COUNTY COURTS

West Palm Beach is located in Palm Beach County, Florida. There is a state court in West Palm Beach and a federal court. The circuit court is part of Florida’s Fifteenth Judicial Circuit. The federal court in West Palm Beach is part of the U.S. Southern District of Florida. Our premier West Palm Beach commercial litigation lawyers consistently practice in the state and federal courts in Palm Beach County. We know many of the opposing attorneys and have extensive experience before most of the judges. 

FAQS 

What type of business litigation cases do you handle?

Our West Palm Beach business litigation attorneys have continuously and triumphantly handled a wide range of high-stakes business disputes. We have attorneys with substantial experience in the following areas: 

Breach of Contract and Business Torts. Our firm has represented clients in virtually every type of contract dispute. Below are some examples of the types of disputes involving agreements that we handle for clients: 

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

Along with being familiar with breach of contract claims, we are intimately familiar with Florida business tort claims and statutory claims that are often asserted in connection with a breach of contract claim, including:

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

Unfair Competition. Our West Palm Beach non-compete lawyers are well experienced in Florida non-compete law. Examples of situations that we have been retained to handle include: 

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

Intellectual Property & Trade Secrets. If you are in search of a West Palm Beach intellectual property or trade secret attorney, contact us. The lawyers in our business litigation practice group handle the following intellectual property and trade secret disputes: 

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

Professional Liability. This includes legal malpractice and insurance agent malpractice, along with other forms of malpractice. Some examples of types of legal malpractice that we handle include:

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

Corporate Governance, Shareholders, and Partnerships. Our top West Palm Beach business attorneys regularly represent clients in shareholder, partnership, and corporate governance litigation. Examples include: 

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

Trust and Estates. We handle litigation involving asset disputes in probate. While we are not considered family attorneys, probate disputes are often more akin to high-stakes business disputes than traditional family law issues. If you are in search of a West Palm Beach trust and estate attorney for a probate dispute, the attorneys in our business litigation practice can help. Frequent examples of issues that are litigated include:

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

Business Defamation, Libel, & Slander. If you are in need of a West Palm Beach attorney for business defamation, libel, and slander, contact us. Our attorneys routinely assert and defend our clients against claims of business defamation. We have represented private individuals, businesses, and public figures in defamation suits. 

Insurance Coverage Disputes. We strictly represent businesses and individuals, not insurance companies. You’ve paid premiums for years, and now your insurance carrier is denying coverage when you need it? If you need a West Palm Beach insurance coverage attorney, you can contact us. The lawyers in our business litigation practice group have substantial experience with Florida insurance coverage disputes. Examples of typical situations involving coverage disputes include: 

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

Employment. One of our staple practice areas is employment law. Some examples of workplace law matters our West Palm Beach employment lawyers handle include executive compensation, Family and Medical Leave Act, unlawful discrimination, hostile work environment, bonuses and commissions, and non-compete agreements. 

Franchisor-Franchisee. If you are in need of a West Palm Beach franchise attorney, contact us. Our West Palm Beach business litigation lawyers have significant experience in disputes between franchisors and franchisees. Examples of issues we work with in this context include: 

  • Royalty provisions
  • Contract negotiation 
  • Trademark infringement
  • Breach of franchise agreement
  • Non-compete provisions
  • 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 are in need of a West Palm Beach investor fraud attorney. Claims that involve investment losses generally are subject to mandatory arbitration by the Financial Industry Regulatory Authority (FINRA). Common examples of situations that could lead to securities fraud include: 

  • Unauthorized trading
  • Churning by brokers
  • Misrepresentation regarding an investment
  • 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.
  • Placing clients into investments that the broker knows or should know are unsuitable given the client’s circumstances 
  • Ponzi schemes 

To speak with one of our attorneys for an initial consultation free of charge, contact us at (877) 858-6868 or coordinator@caklegal.com.

What can I do if I am an owner of a company and another owner is acting improperly and hurting the company? 

Usually the specifics, including the process for seeking resolution of your dispute, will be spelled out by your operating or shareholder agreement. If you do not have a written agreement, Florida statutes can fill the gap and the exact statutes that apply will depend on what type of entity you own—i.e., a limited liability company or a corporation.

Regardless of the type of entity, if you are an owner of a company seeking relief for the benefit of the company or all of its owners, you will be pursuing a derivative action. The allegations our business litigators frequently handle in the derivative context include:

  • Waste of corporate assets
  • Breach of fiduciary duty
  • Misleading, false, or inflated financial statements
  • Inflation of executive compensation
  • Fraud
  • Self-dealing and conflicts of interest
  • Inaccurate accounting

In order to seek derivative relief for the company, an individual or business must have been an owner when the bad act occurred or received their ownership interest through a legal transfer from someone who held that ownership interest at the time the bad act occurred. See Fla. Stat. 607.0741 & Fla. Stat. 605.0803. If you wish to seek derivative relief, you must make a written demand for the action desired on the board of directors and wait for a response for 90 days from the date the demand was made unless the written demand would be futile or irreparable injury would result by waiting for the expiration of the 90-day demand period. See Fla. Stat. 607.0742 & Fla. Stat. 605.0802. If you pursue derivative relief and succeed, you may be able to recover your reasonable attorneys’ fees and costs from a judgment or settlement, with the remaining recovery belonging to the company. See  Fla. Stat. 607.0746 & Fla. Stat. 605.0805. Because a derivative action is brought for the benefit of the company, a court’s approval is required before any such lawsuit may be dismissed or settled. See Fla. Stat. 607.0745 & Fla. Stat. 605.0806. Additionally, notice to affected shareholders may be required. 

If you want to discuss how to recover against an officer or director that is damaging a company you own or if you are an officer or director that is being accused of damaging the business that you serve, contact us at (877) 858-6868 or coordinator@caklegal.com.

What if I am an owner of a company and the other owner’s bad acts are hurting me and not the company?

If you are an owner of a company and you are seeking relief against the company or owners for only your own benefit—i.e., the bad acts did not impact the company or other owners generally and only impacted you—you will be pursuing a direct action. See Fla. Stat. 607.0750 & Fla. Stat. 605.0801. Our business litigators usually deal with direct actions when a majority owner or majority owners are oppressing a minority owner. This can take the form of denying a minority shareholder their rights to review the company’s financials or when a majority uses their voting power to materially change the underlying nature of the minority owner’s relationship to the business. 

The latter scenario frequently arises when the majority decides to engage in a merger, share exchange, or a non-ordinary sale of the assets of the business. See Fla. Stat. 607.1302 & Fla. Stat. 605.1006. The scenario may also arise when the articles of incorporation are amended or altered. In such scenarios a minority owner may be entitled to appraisal, which grants them the ability to demand immediate fair market value payment in exchange for their ownership interest in the company. 

Determining what exactly the fair market value for a minority owner’s shares seems straight forward, but is frequently a complex process that requires experience to achieve the best possible outcome.

If you are a minority owner and are considering exercising your appraisal rights, contact us today at (877) 858-6868 or coordinator@caklegal.com

How does a court decide if trademark infringement has occurred?

For trademark infringement to occur, a plaintiff must own a valid trademark and have the exclusive right to use the mark in connection with its good or services. When a plaintiff has registered their trademark with the Principal Register, these things are presumed with respect to the goods and services listed in the registration. If a trademark or service mark is not registered with the Principal Register, proving a case is not impossible, but it can be more difficult.

When evaluating whether trademark infringement has occurred, courts evaluate the following: 

  • The similarity of the marks
  • Whether a consumer is likely to assume that the defendant’s goods or services came from the plaintiff because the parties have similar goods and services
  • Where and how each party advertises its services or goods
  • Whether defendant’s mark has caused actual confusion
  • The defendant’s intentions
  • The strength of the mark that was infringed upon

Infringement focuses on confusion, however, additional claims may be available for a plaintiff if the defendant’s mark dilutes a trademark by tarnishing the mark’s image or blurring its distinctiveness. 

If you believe your trademark has been infringed or diluted or you have been accused of infringing or diluting a trademark, contact us today at (877) 858-6868 or coordinator@caklegal.com

How to find a top West Palm Beach, Florida business litigation lawyer? 

Our business litigation and dispute lawyers in West Palm Beach are considered leaders in the field of business litigation and are well respected by other local attorneys and judges. To speak with one of the lawyers in our business litigation practice group, contact us at (877) 858-6868 or coordinator@caklegal.com.

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