Who this is for
Companies and owners on either side of a commercial dispute: a supplier that has not been paid, a business whose vendor failed to deliver, a company accused of breaching a contract it believes it honored, or an owner dealing with a competitor or former employee who took customers. We represent both plaintiffs and defendants throughout Miami-Dade and Broward County.
Our Business Law division is led by Marcus T. Ellison, who began his career at a commercial litigation firm.
Disputes we handle
- Breach of contract — nonpayment, nonperformance, defective goods or services, and disputes over what the agreement actually required
- Collections — recovering unpaid invoices and enforcing personal guarantees
- Business torts — fraud and misrepresentation, tortious interference with business relationships, and breach of fiduciary duty
- Unfair and deceptive trade practices under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. ch. 501, part II)
- Restrictive covenant enforcement and defense — non-competes and non-solicitation agreements
- Commercial lease disputes between landlords and business tenants
FDUTPA declares unlawful “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce” (Fla. Stat. §501.204(1)). Whether a particular business practice falls within that language depends heavily on the facts, and we evaluate it early because it can change the shape of a case.
How we approach a dispute
- Early case assessment. We read the contract and the correspondence, identify the claims and defenses, and give you a candid view of strengths, weaknesses, and likely cost.
- Preserve evidence. Emails, texts, invoices, and records are secured before they disappear.
- Demand letter and pre-suit negotiation. Many disputes resolve once the other side sees a clear, documented position.
- Mediation. Many commercial contracts require mediation, and civil cases are often sent to it. We prepare for mediation as seriously as for trial.
- Litigation. When a case does not resolve, we file or defend it in Florida state court or federal court and prepare it for trial.
Time limits matter
Florida sets deadlines for filing suit. Under Fla. Stat. §95.11, an action on a contract founded on a written instrument generally must be brought within five years (§95.11(2)(b)); an action on a contract not founded on a written instrument, and an action founded on fraud, generally within four years (§95.11(3)(j) and (3)(i)). When the clock starts, whether it has been paused, and whether your contract affects it are fact-specific questions, so do not assume you have time — have the deadline checked.
When a dispute crosses into criminal territory
Some business disputes draw the attention of prosecutors or regulators, particularly when one side alleges fraud or embezzlement. Because the firm also has a criminal defense division, our business and white collar defense attorneys can work together when a civil case and a government investigation overlap, so a statement made in one does not damage you in the other.
This page provides general information about business disputes in Florida and is not legal advice. Laws change and every situation is different. Reading this page or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.