Miami Business Litigation Lawyer

It’s often assumed that business owners have big pockets. At the Trembly Law Firm, we’ve seen how companies are unjustly subjected to litigation threats and lawsuits to exploit their insurance policies and financial resources. Our dedicated Miami business litigation lawyers are for job creators in South Florida. We know that protracted litigation can bankrupt small and family-owned companies and fight to protect your interests during employee, transactional, regulatory, and shareholder lawsuits.

Whether you need to defend against discrimination allegations or file a lawsuit for breach of a supply agreement, we handle challenging business litigation in Miami. Schedule a confidential case consultation with a Miami business litigation lawyer immediately by calling (305) 614-8137.

Defending Against Employee Lawsuits

Even if you do everything right from an HR perspective, disgruntled employees will still file lawsuits. This is often inevitable for growing Miami businesses. While our general counsel lawyers can help business owners draft strong employment contracts, handbooks, and severance agreements, employees may still file litigation, hoping to obtain quick settlements.

Our experienced Florida business litigation lawyers represent corporations during employee lawsuits, including, but not limited to, the following:

Americans with Disabilities Act (ADA)

The ADA protects employees with qualifying disabilities from discrimination based on their condition. Unfortunately, these employees may claim that any adverse employment action violates the ADA. We provide quality defense services against ADA lawsuits in Miami.

Our ADA defense strategy generally includes applying the specific text of the Americans with Disabilities Act, which only requires employers to make reasonable accommodations for disabled employees who can otherwise perform all essential job functions. It does not require you to make financially unreasonable workplace modifications, create specific jobs or duties for disabled employees, or compromise on essential work duties.

If you’re being sued for ADA violations in Miami, contact our business litigation team immediately to discuss your rights and obligations.

Equal Employment Opportunity Act (EEO)

Derived from the Civil Rights Act, the EEO protects employees from discrimination based on the following:

Gender
Religion
Race
Color
Pregnancy
Sexual orientation
Age
Disability
National origin
Genetic and medical history

It further protects employees from retaliation for filing discrimination complaints, participating in anti-discrimination investigations, or speaking up against discrimination in the workplace. This broad litigation applies to nearly all employee decisions, including job ads, hiring, firing, promotions, and demotions. However, it only protects employees from discrimination based on their protected class.

You may lawfully terminate employees without cause in Florida, provided the termination is not based on the employee’s protected status. This is a strong defense our business litigation lawyers use during anti-discrimination cases.

Equal Pay Act (Equal Pay for Equal Work)

Equal pay laws were passed in 1963, but have recently gained more attention. To support equal pay violation claims, the employee must show that he or she received lower pay while performing the same duties with the same level of skill under similar working conditions as employees of the opposite gender. These cases are very fact-specific. Our litigators will analyze the unique conditions, skills, effort, and responsibilities associated with the employee’s job duties while preparing your defense.

Fair Labor Standards Act (FLSA)

The FLSA sets the standard for minimum wage, overtime rates, maximum work hours, tips, and child labor. Both the federal government and individual employees might sue you for FLSA violations, which can result in class action litigation. Because FLSA penalties may include back pay, fines, and liquidated damages that double the amount owed, these lawsuits can easily bankrupt small businesses in Miami. Contact our FLSA attorneys immediately if an employee files or threatens to file a wage and labor claim.

This is a non-exhaustive list of the employee lawsuits we defend businesses against in Miami. If you’ve been sued by an employee, including under the Age Discrimination in Employment Act, Florida anti-discrimination laws, or an employment contract, contact our experienced Miami litigators.

Filing Shareholder, Partner, and Corporate Officer Lawsuits

Sometimes, business partners and shareholders need to take action to protect their interests. Corporate officers engaged in self-dealing, embezzlement, or other unlawful practices must be held accountable in a court of law. At the Trembly Law Firm, we delicately and confidentially listen to your concerns and may recommend filing litigation for breach of fiduciary duties against certain corporate officers. Common shareholder concerns leading to litigation include the following:

Breach of Fiduciary Duty (Self-Dealing): These claims alleged that a corporate officer or agent did not act in the best interest of the company. They often involve claims of self-dealing or unjustly favoring certain shareholders or associates against company interests, such as granting a lucrative contract to a friend instead of the lowest bidder.
SEC Violations: Federal securities violations often harm investors. Our experienced Miami shareholder lawyers might file individual or class action lawsuits against corporate officers for manipulating market prices, failing to disclose conflicts of interest, fraud, or insider trading.
Partnership Lawsuits: If you have a Florida limited or general partnership, our attorneys might help you hold another partner liable for mismanagement or embezzlement.
Derivative Litigation: Shareholders may file derivative lawsuits on behalf of the company when corporate officers and directors fail to take the legal action necessary to protect business interests.
Misrepresentation and Fraud: Often associated with securities violations, shareholders may sue for any misleading or false statements resulting in financial losses.

Whether you need to file or defend against shareholder claims, our Miami shareholder litigation lawyers have experience handling these challenging lawsuits.

Breach of Business Contracts

It’s impossible to separate business law from contract law. If the law doesn’t control, the contract does. Many business contracts can even override certain default corporate laws in Florida. Do not trust a business litigator in Miami without experience handling state-specific breach of contract claims, which often involve the following:

Insurance contracts
Employee handbooks and agreements
Vendor and distribution contracts
Website development agreements
Software licensing contracts
Franchise agreements
Manufacturing contracts
Labor agreements
Partnership agreements
Governing documents
Shareholder agreements
Real estate sales and leases
Non-compete and confidentiality agreements

Many business lawsuits involve breach of contract claims, which our dedicated business litigation lawyers have experience handling in Florida state courts.

Understanding Tortious Interference with a Business Contract or Relationship

Our economy thrives on fair competition, which we fully support at the Trembly Law Firm. However, not all competition is fair. Florida recognizes claims for tortious interference with contractual relationships, which allege that a third party unlawfully interfered with a business contract or relationship. Examples include intentionally causing a breach of contract or spreading rumors to destroy prospective business relationships.

Unlike a breach of contract claims, the remedy lies in tort law. Our full-service business litigation firm has the experience you need to recover damages for tortious interference. Many transactional business attorneys do not correctly apply local tort laws, as they are specific to both Florida statutes and Miami courts. Remedies include demanding reasonably foreseeable damages for your prospective business losses or money to cover for the forced breach.

Overview of the Business Litigation Process in Miami

When plaintiffs’ attorneys file lawsuits against corporations, they are often attempting to strongarm the defendant into accepting a settlement offer. Sometimes, corporations agree to pay a settlement because they fear expensive legal fees and protracted litigation.

At the Trembly Law Firm, we work with small and mid-sized businesses in Miami to balance their financial interests while defending against unjust lawsuits. In most cases, corporate litigation in Florida progresses as follows:

Complaint: Most lawsuits begin when attorneys file an initial complaint in Miami-Dade’s state or federal courts. These complaints normally include the primary claim, such as wage and labor allegations, and additional breach of contract and fiduciary duty claims. It’s normal for plaintiffs to make numerous allegations that are later dismissed.
Answer: Businesses should immediately retain legal counsel from the Trembly Law Firm to file an answer if they’ve been sued. You must generally respond to lawsuits within 20 calendar days. The answer must deny the claims, or you risk the court entering default judgment.
Motions to Dismiss: An experienced lawyer may also file a motion to dismiss the entire lawsuit immediately, especially if the claims appear frivolous or you have an affirmative defense, such as lack of standing.
Discovery: Many cases settle during this lengthy process during which the parties take depositions, interview witnesses, and demand and exchange evidence.
Summary Judgement: If the case does not settle, both parties will file for summary judgment. This accelerated process asks the judge to either dismiss the lawsuit or immediately determine liability.
Trial: If the judge does not grant summary judgment, the case will proceed to jury selection and trial. Our Miami litigators are undefeated at jury trials over the past few years.
Verdict and Damages: Once a verdict or judgment is issued, the judge may then decide on appropriate damages.
Appeal: Dedicated business lawyers may appeal or defend against appeals, which are often another attempt to obtain a settlement when all other avenues of relief have failed.

It can take years to fully litigate corporate lawsuits, but it may be necessary to protect your business and personal interests. Our corporate attorneys consider your specific needs, including your desire to negotiate a fair settlement, during the entire litigation process.

Benefits of Retaining Our Miami Business Litigators

Unlike other law firms, we’re not afraid to explain why we’re different at the Trembly Law Firm.

Communication

Failure to communicate with clients about their cases, including answering phone calls and emails, is the leading bar complaint filed against attorneys. We take dedicated client communication seriously and intentionally maintain a low staff-to-client ratio to ensure your case is never buried under an unmanageable workload. Our policies include sending general monthly updates and specific updates and documents after every court hearing and filing. We follow up with you, not the other way around.

Checks and Balances

Miami courts have strict briefing, evidentiary, and hearing deadlines with little sympathy for commercial litigants. Though a basic tenant of legal practice, many business law firms miss critical Florida discovery and litigation deadlines because they maintain unmanageable workloads to increase profits. These mistakes can result in adverse evidentiary decisions and even default or summary judgment.

We employ a unique system of measures and controls, including checklists and weekly team case reviews, to ensure we do not miss litigation deadlines in your case. Our experienced business litigators in Miami also strive to ensure the other party does not unreasonably push court deadlines, giving you the advantage over unprepared litigants.

Jury Trial Record

No law firm should ever guarantee trial results, as they are ultimately in the hands of the judge and jury. However, our reputable business litigation attorneys are nearly undefeated at jury trials over the past few years. This incredible trial record has resulted, in part, because we require that our Miami business litigation attorneys leave no stone unturned when it comes to reviewing and applying the updated rules of Florida civil procedure.

Core Values

We hold ourselves to a high standard at the Trembly Law Firm. Our Miami business litigators are required to adhere to our core values, which include supporting and fighting for Florida business owners, partners, managers, and shareholders. Unlike other law firms, we reinforce these values at daily and quarterly meetings. They’re not just for show.

As legal professionals ourselves, we understand that focusing on meeting court deadlines, updating clients, and following the basic rules of trial procedure doesn’t seem like selling points. But they are. These basic mistakes are the most common errors committed by inexperienced lawyers and overburdened law firms, and they will make or break your case.

Contact Our Experienced Miami Business Litigation Lawyer Law Firm

The sooner you hire our dedicated Miami corporate litigators, the more likely you are to obtain a favorable outcome. Whether this means suing negligent vendors, holding corporate officers liable for breaching their fiduciary duties or defending against discrimination lawsuits, our jury trial record speaks to our success at the Trembly Law Firm.

Schedule a confidential consultation with our Miami business litigation lawyers today by calling (305) 614-8137 or contacting us online. We can assess your dispute resolution options.