Business litigation attorney Miami

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Business can be difficult to navigate since it covers such a broad spectrum of areas. From breach of contract, and commercial leases, to partnership and shareholder litigation and employee benefits, a business litigation attorney Miami can defend business owners and consumers alike. This area of law also covers intellectual property disputes, property rights and other contractual disputes which cannot be resolved with arbitration or re-negotiation. Once business owners and other parties involved in an agreement or partnership can’t resolve a disagreement amicably, it is time to contact a business litigation attorney, Miami. Business litigation is not exclusive to instances where one business is suing another business; this vast area of law covers commercial insurance issues, and fiduciary duty.


Small Business Law

Starting a business can be confusing for many people since corporate law can be difficult to navigate; a business litigation attorney, Miami can assist the small business owner start their new venture on the right foot. Whether purchasing a franchise, a convenience store, or a plumber going into business on their own, all are considered small business in the eyes of the law, as they are owner operated, independently owned and operated for profit. Most of the businesses in the United States today are classified as small business.

How does the plumber know the right legal structure for their one-person business? There are several types of business such as corporations and limited liability partnerships. A business attorney, like the ones at the Gallardo Law Firm, can help small businesses choose the legal structure which is right for them.

The small business owner faces a litany of legal situations, especially when first starting. Drafting legally binding contracts for services which protect both the business owner and the other parties entering the agreement can be done efficiently with the help of a business lawyer. As small businesses begin to grow, they may need to hire and manage employees. With the counsel of a business attorney, small business owners can make sure they are compliant with state and federal employment and safety laws.

Small businesses should use small business attorneys strategically to protect their interests; but there are some items the business owner should feel empowered to take on independently. Filing standard tax forms through the Internal Revenue Service, IRS, applying for business licenses or permits, and hiring employees and vendors can all be done without the help of a business attorney.

Complex legal situations however, are best left in the hands of an experienced business attorney. For example, if a former employee decides to file suit for discrimination, or a government agency has filed a legal complaint it is definitely time to contact a business lawyer. A business lawyer can be an imperative asset in the event of a costly and time consuming tax audit from the IRS. Understanding how IRS requirements are to be satisfied is best left to the professionals.

Legal representation in different types of Business Disputes

Litigation occurs once all other avenues are exhausted and a matter has to be settled in a court of law. Both parties involved in a dispute argue their cases using findings to support their arguments according to court procedure.

Breach of Contract

Well first, business contract. A business contract is an agreement entered into where parties are mutually obligated to fulfill certain terms. Once a party fails to fulfill, or deliver what they promised in the contract, it has been breached. There are two kinds of contract breaches:

  1. 1. Material Breach – Failing to deliver something consisting of physical matter, or of real importance and consequences, among others.
  2. 2. Immaterial Breach – Something of no consequence, or something which is not essential. For example in the case of a restaurant having an contract with a fish vendor which states fish is to be delivered every Tuesday by 10:00 AM, and one Tuesday the fish arrives at 11:00 AM, this is an immaterial breach as it has no real consequence; the restaurant received the product and business was not harmed.

Once a breach has occurred, the affected party (ies) usually wish the terms of the contract be upheld, or they may seek financial restitution for the damages caused by the contract breach. If such an agreement cannot be reached and the dispute continues without resolution, the most common next step is a lawsuit. Depending on the dollar amount in questions, these kinds of cases may go to small claims court. The damaged party is usually entitled to relief from the breach, usually in the form of financial compensation:

  • Compensatory damages - All damages caused by the breach are restored to the position the injured party was in prior to the breach
  • Punitive damages – Payment made by the breaching entity to the damaged party which are more than the amount of the damages in order to ‘punish’ the breaching party for its wrongful actions
  • Nominal damages are damages paid in the case of a breach, but financial loss was not proven by the complainant
  • Liquidated damages – damages that were specified within the terms of the contract prior to the breach. A reasonable estimate of damages

Business Lawyers Help Dissolve Corporations and Partnerships

When a business is first opened, few business owners have the foggiest idea of what it would take to close the business. The process is relatively straight forward where there is a single owner; but becomes a bit more complex in the event of partnerships.

Primarily the steps to close a business are as follows:

  • File with the State of Florida – Today this can be done on the state’s business website. Filing Articles of Dissolution means the owner(s) are voluntarily closing the business. Once the process is complete, the business no longer exists.
  • Settle Up with the IRS – Pay all back taxes and taxes incurred during the current year. Additional paperwork will likely be necessary.
  • Cancel Business Licenses – Cancel permit and licenses with the issuers
  • Notify Lenders- Let all money lenders, credit companies, insurance providers, and vendors know in writing that the business is closing. The notice must include a forwarding address.
  • Collect – Collect all outstanding invoices prior to closing.
  • Disburse Business Assets - Sell property and remaining inventory

The Right Business Litigation Attorney, Miami

Finding the right business litigation attorney, Miami to handle your business no matter in what phase of its life it is in sometimes requires an experienced business lawyer. Protect your business from harm, and invest in your future, allow the dedicated business litigation attorney at the Gallardo Law Firm serve you. Contact us for a consultation.