Business litigation is civil litigation between commercial parties. Most business disputes begin with a contract, so the first questions are always the same. What does the agreement say, what did each side do or fail to do, and what do the contract and Florida law allow you to recover?
Other disputes arise from business torts, from the enforcement of restrictive covenants, or from disagreements over who owns a company and who controls it. Cases like these can turn on documents, deadlines and the exact wording of an agreement, which is why an early review matters.
Where a case is heard depends on its size and type. In Florida, county courts hear actions at law in which the amount in controversy does not exceed $50,000, exclusive of interest, costs and attorney fees, if the case was filed on or after January 1, 2023. Larger claims belong in circuit court. Some commercial disputes, including many between parties in different states, belong in federal court.
Our attorneys litigate in both state and federal courts. Richard Sierra is admitted to appear in federal court before Florida’s Middle District and Northern District and before the 11th Circuit Court of Appeals, and he has practiced appellate work in both state and federal courts.
Florida sets different time limits for different contracts. An action on a contract founded on a written instrument has a five-year limit, while an action on a contract not founded on a written instrument has a four-year limit. Special rules and exceptions exist, so a dispute that is getting old should be reviewed quickly rather than left to wait.
Each of the services below has its own page with more detail.
A broken contract stalls projects, delays inventory and leaves invoices unpaid. Our contract disputes lawyers help business owners and property owners recover what they are owed or enforce what was promised, whether the issue is a supplier that did not deliver, an unpaid invoice or a broken confidentiality agreement.
Read the attorney’s fees clause before you sign or sue. When a contract lets a party recover attorney’s fees for enforcing it, the court may also award reasonable fees to the other party who prevails, whether as plaintiff or defendant.
When an employee leaves and competes, or the seller of a business opens up down the street, you may need to enforce the agreement. Our non-compete violations attorneys enforce restrictive covenants for employers and business buyers, and we defend people accused of breaking them.
Florida enforces these agreements only within limits. A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought, and the party seeking enforcement must prove a legitimate business interest that justifies it, such as trade secrets or substantial relationships with specific customers.
Partnership break ups can be as painful and as expensive as a divorce. Our partnership break up lawyers represent partners, LLC members and shareholders when a business relationship breaks down, whether the goal is a negotiated buyout, a division of the company or a court order. Many businesses never had a written agreement for this situation, and the sooner you get advice, the more options you tend to have.
Legal Counsel, P.A. pairs litigation with the corporate and transactional work that sits underneath most commercial disputes, so we understand the contracts and the companies, not just the courtroom.
Michele Diglio-Benkiran founded the firm and has practiced business and real estate law since 1999. Richard Sierra is a commercial litigation and bankruptcy lawyer with more than three decades of experience. Results matter, and so does knowing when to settle. We offer a free consultation, and pay later options are available for clients who qualify.
You also stay connected to your case through a secure online client portal, where you can review documents, check billing and communicate with us at any hour.
Legal Counsel, P.A. represents businesses throughout Florida from offices in Winter Garden, Orlando and Seminole in Pinellas County. Our clients range from startups and closely held companies to established businesses with complex commercial relationships. For disputes in Central Florida, see our local business litigation page.
Some disputes involve the real property a business owns or leases, and our real estate litigation team handles property and commercial lease disputes. Many disputes begin with a document that a lawyer should have reviewed first. A well-drafted contract prevents far more litigation than it causes, and our business law team can help before a dispute begins.
Is a business dispute heading toward court? A short conversation with a Florida business litigation attorney will tell you where you stand and what your options are. The first consultation is free.
Often, no. Many disputes are resolved through a demand letter, direct negotiation or mediation, which is usually faster and less costly than a trial. We pursue those routes first where they serve you, and we litigate when a matter cannot be resolved otherwise.
Generally, the party bringing the claim must show a valid contract, that the other side failed to perform, and that the failure caused a loss. The contract’s own terms often govern fees and remedies, so the wording of your agreement matters.
We handle breach of contract, non-compete and non-disclosure violations, partnership and shareholder disputes, collections, injunctions and specific performance, and general commercial litigation. We represent businesses that bring a claim and businesses that defend one, in state and federal courts.
A transactional lawyer drafts and reviews your agreements. A litigation attorney represents you when an agreement is broken or contested. Our firm does both, which helps when a dispute traces back to how a contract was written.
Yes. Legal Counsel, P.A. offers a free initial consultation, and virtual consultations are available. It is a direct way to discuss your dispute and understand your options before you decide how to proceed.
The content on this website is for general informational purposes only and is not legal advice. Reading this site or contacting us through it does not create an attorney-client relationship.
If your business is facing a dispute or you see one coming, talk with an experienced Orlando business litigation attorney before you make your next move. Call Legal Counsel, P.A. at 407-982-4321 or use our contact form to schedule your free consultation.
WE VALUE RELATIONSHIPS
Most of our clients come to us by referral and word of mouth (not advertising).
COMMITMENT TO EXCELLENCE
The Legal Counsel team is committed to serving all clients with excellence and professionalism.
EXPERIENCE MATTERS
Decades of Representation.
CUTTING EDGE TECHNOLOGY
View your entire case, communicate with us 24/7, review billing statements, documents, etc. on our bank secure, online client portal.
