• Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL
24/7 Live Answering
phone-icon 305-928-1077
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Business Disputes
      • Homeowner Disputes
      • Water Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
      • Real Estate Litigation
    • Real Estate Law
      • Real Estate Litigation
  • Our Firm
    • Case Results
    • Client Testimonials
  • Professionals
    • Michael P. Mayoral
    • Erik A. Perez
    • Luis Martinez
    • Maria Agudelo
    • David Grossinger
    • Fernando A. Prego
    • Steven Llarena
    • Roberto Garrote
    • Natalia Perez
  • Resources
    • Blog
    • In The News
    • Media
    • Newsletter
    • Podcasts
  • Contact
  • Home
  • Practice Areas
    • HOA & Condominium Law
      • Business Disputes
      • Homeowner Disputes
      • Water Damage Claims
    • Business Law & Commercial Litigation
      • Breach of Contract
      • Business Disputes
      • Commercial Transactions and Business Fraud
      • Partnership & Shareholder Disputes
      • Real Estate Litigation
    • Real Estate Law
      • Real Estate Litigation
  • Our Firm
    • Case Results
    • Client Testimonials
  • Professionals
    • Michael P. Mayoral
    • Erik A. Perez
    • Luis Martinez
    • Maria Agudelo
    • David Grossinger
    • Fernando A. Prego
    • Steven Llarena
    • Roberto Garrote
    • Natalia Perez
  • Resources
    • Blog
    • In The News
    • Media
    • Newsletter
    • Podcasts
  • Contact
  • Miami, FL
  • Broward, FL
  • Orlando, FL
  • Palm Beach, FL
  • Tampa, FL

Florida Business Law & Commercial Litigation Attorneys

Strategic Counsel. Relentless Advocacy.

At Perez Mayoral, P.A., we represent business owners, investors, and partners in high-stakes commercial disputes. When problems arise, whether it’s a breach of contract, partnership conflict, or corporate misconduct, we act quickly and strategically to safeguard your interests and pursue lasting, business-minded solutions.

Commercial Dispute Resolution

Please enable JavaScript in your browser to complete this form.
Loading
business lawyer miami partnership dispute

Business Litigation Services

Millions Won for Florida Businesses
Contract Disputes

Handling breaches, interpretation issues, and enforcement of contract clauses to protect clients’ rights and obligations.

Shareholder and Partnership Disputes

Representing stakeholders in disputes over management, profit distribution, and breaches of fiduciary duties.

Business Torts

Addressing issues like tortious interference, unfair competition, defamation, fraud, and more to protect clients and recover damages.

Commercial Real Estate Litigation

Managing disputes involving lease issues, zoning, property rights, and eminent domain.

Employment Disputes

Representing businesses in cases of wrongful termination, discrimination, wage disputes, and breaches of noncompete or confidentiality agreements.

Corporate Governance and Fiduciary Duty Litigation

Focusing on disputes related to governance, breaches of fiduciary duties, mismanagement, and corporate integrity.

Construction Litigation

Dealing with breaches, construction defects, mechanic’s liens, and payment or performance disputes.

Intellectual Property Litigation

Assisting in the defense and enforcement of trademarks, copyrights, patents, and trade secrets.

Video Resources

FOR FLORIDA BUSINESSES

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How do I prove fraud in a business litigation case? - Perez Mayoral
What should I do if someone breaches a business contract with me? - Perez Mayoral
How long does the litigation process usually take in a Business Dispute? - Perez Mayoral
What is the process for filing a business litigation case in Florida? - Perez Mayoral
What are common mistakes businesses make in litigation? -Perez Mayoral HOA, Condo & Business Lawyers
What should I look for in a business litigation attorney
What are the advantages of arbitration over litigation? - Perez Mayoral

How Perez Mayoral, P.A. Helps Businesses as a Law Firm

How do I prove fraud in a business litigation case?

What should I do if someone breaches a business contract with me?

How long does the litigation process usually take in a business dispute?

What is the process for filing a business litigation case in Florida?

What are common mistakes businesses make in litigation?

What should I look for in a business litigation attorney?

What are the advantages of arbitration over litigation?

Strategic Counsel. Relentless Advocacy.

Protecting the interests of Florida businesses, investors, and shareholders through sophisticated representation in state and federal courts.

Learn How We Can Help
Factors to Consider During a Miami Business Formation

Frequently Asked Questions

Your Questions Answered
How do I know if my business has grounds for a lawsuit?

Your business may have grounds for a lawsuit if you’ve experienced financial harm due to another party’s actions or failure to meet their obligations. Common indicators include breach of contract where the other party failed to deliver goods, services, or payments as agreed, fraudulent business practices that caused monetary losses, interference with your business relationships or existing contracts, trademark or copyright infringement affecting your brand, partnership disputes involving mismanagement of funds or breach of fiduciary duties, or employment issues such as trade secret theft by former employees. Additionally, if you’ve suffered damages from construction defects, real estate disputes, or unfair competition practices, you likely have viable legal claims.

The key factors Florida courts consider are whether you can demonstrate actual damages, establish the other party’s legal responsibility, and show a clear connection between their actions and your losses. To determine if your specific situation warrants legal action, gather all relevant documentation including contracts, correspondence, financial records, and evidence of damages. Contact our experienced business litigation attorneys for a consultation where we can evaluate the strength of your potential claims and discuss the most effective legal strategy for your case.

How long does litigation typically take?

Business litigation timelines in Florida vary widely based on the case’s complexity, court schedules, and whether parties reach settlement agreements. Simple contract disputes or straightforward business matters may resolve within 6-12 months, while complex commercial litigation involving multiple parties, extensive discovery, or involved legal issues can take 2-3 years or longer to reach trial. The discovery phase, where parties exchange documents and take depositions, typically accounts for the majority of litigation time and can last 6-18 months depending on the volume of information involved.

Factors that can extend timelines include crowded court dockets, motions practice, appeals, and the opposing party’s cooperation level. Many cases settle during mediation or negotiations before reaching trial, which can significantly shorten the overall process. Federal court cases often move faster than state court matters due to different scheduling practices and case management approaches. Emergency situations may qualify for expedited hearings or temporary injunctions that can provide quicker relief while the main case proceeds. For a realistic timeline estimate based on your specific business dispute, contact our office for a consultation where we can evaluate your case’s unique circumstances and provide a more precise timeframe for resolution.

Can my business recover attorney fees in litigation?

Whether your business can recover attorney fees in litigation depends on the specific circumstances of your case and applicable Florida law. Florida generally follows the “American Rule,” meaning each party pays their own attorney fees unless there’s a specific statute, contract provision, or legal principle that allows fee recovery. Common situations where businesses can recover attorney fees include contracts with prevailing party clauses, cases involving statutory violations like unfair trade practices or certain employment disputes, trademark and copyright infringement claims, and situations where the opposing party acted in bad faith or filed frivolous claims.

Additionally, Florida’s offer of judgment statute allows fee recovery in some cases where a party rejects a reasonable settlement offer and then receives a less favorable judgment at trial. The amount recoverable must be reasonable and necessary, and courts will review fee requests to ensure they’re appropriate for the work performed. To understand your potential for fee recovery in your specific case, contact our team for a consultation where we can review your contracts, assess applicable statutes, and develop a strategy that maximizes your chances of recovering attorney fees along with other damages.

What are the costs associated with business litigation?

Business litigation costs in Florida include several components beyond attorney fees, such as court filing fees ranging from $400-$500 to initiate a lawsuit, deposition costs of $500-$1,500 per witness, expert witness fees that can reach $200-$500 per hour, and expenses for document production, investigations, or forensic analysis when needed. Additional costs may include mediation fees, court reporter charges, and potential bond requirements for certain types of relief. The total expense depends heavily on factors like case duration, the amount of discovery required, number of parties involved, and whether the matter settles early or proceeds to trial.

Simple contract disputes might resolve for under $30,000, while complex commercial matters can cost significantly more depending on their scope and duration. Many cases settle during negotiations or mediation, which typically reduces overall expenses compared to full trial proceedings. To understand the potential costs for your specific situation and discuss our fee structure, schedule a consultation where we can evaluate your case and provide a detailed breakdown of expected expenses and available payment options.

What are my options if the other party isn’t upholding their end of a contract?

When another party breaches a contract, you have several legal remedies available under Florida law depending on the severity of the breach and your specific damages. Your options include seeking monetary damages to compensate for financial losses caused by the breach, requesting specific performance to force the other party to fulfill their contractual obligations, or pursuing contract rescission to cancel the agreement and restore both parties to their pre-contract position. You may also be entitled to consequential damages for additional losses that resulted from the breach, such as lost profits or costs incurred due to their failure to perform.

Before pursuing litigation, consider sending a formal demand letter outlining the breach and requesting compliance, as this can sometimes resolve the matter without court involvement and may be required under your contract terms. If the breach is ongoing, you might seek a temporary restraining order or injunction to prevent further harm to your business. In cases where the other party’s breach is substantial, you may have grounds to terminate the contract and seek damages for any losses incurred. The statute of limitations for contract disputes in Florida is typically five years for written contracts and four years for oral agreements, so timely action is important. Contact our attorneys for a consultation to review your contract terms, assess your damages, and determine the most effective strategy for enforcing your rights and recovering compensation.

Shareholder Derivative Action Lawyer Miami, FL

Shareholder derivative lawsuits are a vital component in the corporate governance toolkit, allowing shareholders to step in and advocate for a company’s best interests when it is perceived that the company’s own directors or officers have failed to do so. This is particularly relevant when issues of breach of fiduciary duty, abuse of control, gross mismanagement, fraud, or any conduct harmful to the corporation have occurred. In Florida, the specific legal process and particular requirements for these actions are detailed within the Florida Business Corporation Act (FBCA).

Table of Contents
  1. Requirements for Filing a Shareholder Derivative Suit in Florida
  2. Am I Eligible For A Shareholder Derivative Lawsuit?
    1. How Can A Miami Shareholder Derivative Action Lawyer Help Me?
    2. Let Us Help You Protect Your Financial Interests
Am I Eligible For A Shareholder Derivative Lawsuit?

Requirements for Filing a Shareholder Derivative Suit in Florida

To initiate a shareholder derivative lawsuit in Florida, certain procedures must be followed:

  1. Demand Requirement: A shareholder typically needs to make a demand to the board to address the wrongful act, unless making such a demand would be considered futile.
  2. Ownership of Stock: The shareholder must have owned stock at the time of the alleged wrongful act and continuously own it throughout the litigation process.
  3. Filing the Complaint: If the demand is refused, ignored, or foregone due to futility, the shareholder can file a case in court outlining the issues and suggesting the required remedies.
  4. Litigation Stages: After filing, the litigation process unfolds with discovery, exchanges of information, pre-trial motions, and potentially a trial or settlement.
  5. Florida Specifics: Florida statutes outline the ‘demand requirement’ more explicitly, including circumstances where it can be bypassed. The FBCA also describes the process for dismissing a derivative suit if it is not in the corporation’s best interest, as determined by an independent panel or the board.

It is important to note that any financial recovery from a shareholder derivative suit is directed back to the corporation and not to the individual shareholders who initiated the action. Additionally, Florida law may allow for the recovery of reasonable attorneys’ fees and costs if the derivative action is successful or yields a substantial benefit to the corporation.

Due to the complexities inherent in derivative lawsuits, it is crucial for shareholders to consult with experienced legal counsel who can guide them through the intricacies of Florida corporate law. If you believe your corporation has suffered due to mismanagement, fraud, or any breach of fiduciary duty, we invite you to reach out to Perez Mayoral P.A. Let us be your ally in seeking justice and upholding the best interests of your corporation.

Am I Eligible For A Shareholder Derivative Lawsuit?

Individual investors or groups of investors can file a shareholder derivative lawsuit. The point of the lawsuit is twofold: redress financial losses the shareholders experienced and prevent further harmful mismanagement of the company. In some cases, the other directors or officers of the company should have taken steps against another officer or director who was negligent or engaging but failed to do so. In this case, the shareholders may take action themselves to rectify the problem.

Corporate misconduct covers a broad array of misdeeds, including breach of duty of loyalty, breach of fiduciary duty, and wasting corporate assets. It also covers more nefarious doings, like fraud or other unlawful activities, backdating stock options, or other forms of self-dealing.

Shareholders may also file a shareholder derivative lawsuit for activities involving inappropriate acquisitions or mergers, consumer protection violations, or workplace safety regulations or environmental laws. Furthermore, you may file a suit against the company’s officers or directors if you suspect they have inflated their executive compensation or inflated financial statements.

How Can A Miami Shareholder Derivative Action Lawyer Help Me?

How Can A Miami Shareholder Derivative Action Lawyer Help Me?

Whatever type of corporate misconduct, and no matter how hard the offenders try to cover it up, our team of skilled corporate fraud attorneys can uncover it. We help investors and stakeholders just like you achieve meaningful justice and recover your investments.

We start by thoroughly investigating the situation and often use experts in our investigation. Working with a law firm like ours means that you benefit from our resources and experience. We often employ forensic accountants to comb through the company’s financial records, gathering proof of misdeeds or misappropriation.

Once we’ve built a solid case, we can then negotiate a fair settlement for you and any other affected shareholders. Or, if the wrongdoers refuse to settle, then we can argue your case in court. We’re committed to helping you recover your good-faith investment.

Let Us Help You Protect Your Financial Interests

Have you suffered financial losses because of the negligence of company officers you held shares in? Our experienced Miami shareholder derivative action lawyer at Perez Mayoral, P.A. can investigate the matter and file a suit on your behalf to recoup the money you lost. Contact us today to get started.

Contact Us

Your property. Your rights. Our fight.

Please enable JavaScript in your browser to complete this form.
Loading

Contact the attorneys at Perez Mayoral, P.A. for professional legal guidance on your HOA dispute today.

Conflicts with HOAs are complex. Don’t go it alone. Contact us today for a case review.

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
Types of Miami Business Litigation Our Practice Handles

SPEAK WITH AN ATTORNEY TODAY

Whatever it is, don't face the issue alone. Our experienced attorneys are ready to fight for your rights.
CONTACT OUR LAW FIRM FOR A CASE REVIEW

Please enable JavaScript in your browser to complete this form.
Loading

Trusted HOA, Business & Real Estate
Counsel in Florida

Existing Clients: 305-928-1077
New Clients: 305-928-1077
Address: 999 Ponce De Leon Blvd, Suite 705, Coral Gables, FL 33134
Email: [email protected]
Visit Our Florida Office
  • Appellate Lawyer Miami, FL
  • Arbitration Lawyer Miami, FL
  • Business Lawyer Miami, FL
  • Commercial Tenant Lawyer Miami, FL
  • Condo Attorney Fort Lauderdale, FL
  • Condominium Act Lawyer Florida
  • HOA Dispute Lawyer Orlando, FL
  • HOA Lawyer Boca Raton, FL
  • HOA Lawyer Naples, FL
  • HOA Lawyer Orlando, FL
  • HOA Lawyer Palm Beach, FL
  • International Business Lawyer Miami, FL
  • Partnership Dispute Lawyer Miami, FL
  • Real Estate Litigation Lawyer Miami, FL
  • Shareholder Dispute Lawyer Miami, FL
  • Welcome
  • Practice Areas
  • Professionals
  • Resources
  • Contact
24/7 Live Answering
phone-icon 305-928-1077

© 2025 Perez Mayoral – HOA, Condo & Business Lawyers | Disclaimer | Privacy Policy | Powered By: Matador Solutions | Sitemap