Commercial litigation attorney Miami

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Gallardo Law Firm endeavors to resolve your commercial disputes. Whether through settlement or verdict, we handle a variety of challenging commercial litigation matters. With decades of combined experience in the legal field, our commercial litigation attorneys Miami can produce the best results for our clients in South Florida. An experienced commercial litigation attorney Miami from our firm can help you enforce or defend your legal rights as well as seek compensation from the defendant.

Complex commercial litigation requires adequate legal representation. This article will cover some legal issues we handle such as breach of contract disputes, class actions, aviation and construction disputes, debtor and creditor litigation, intellectual property and patent Infringement, insurance coverage disputes, and many others. We strive to develop a deep understanding of our clients’ unique goals and ensure that every client receives personal attention, representation, and value from our services.

What is commercial litigation?

Commercial litigation is an extensive field of law, encompassing the litigation process of business transactions. Many issues can be found depending on the type of business. A commercial litigation attorney Miami is normally consulted for legal representation and to help parties settle a dispute. Some of the aspects of business governed by commercial law include marketing, banking, contracts, collections, and trade.

How can a Commercial litigation attorney Miami help?

It is natural for your business to go through commercial litigation, especially if you are in the middle of a contract. But it is difficult to know if you are making the right decisions unless you hire a commercial litigation attorney Miami to fight for your rights. Gallardo Law Firm handles a wide variety of business matters. Our firm has represented clients throughout South Florida and obtained favorable results. Whether you own a small business or an established commercial enterprise, you can trust our solid legal representation.

A commercial litigation attorney can do so much for your company. Even if you are not currently involved in a lawsuit, we can help you manage any risks and minimize the possibility of lawsuits. Some circumstances and strategies can help you avoid ending up in a courtroom. We know how to persuade the judge or jury. Preparing a commercial litigation case requires experience, but when your opponent knows you are well-represented and prepared for trial, it can lead to promising results.

Resolving complex commercial litigation cases and business disputes

Our commercial litigation cases and commercial disputes include many types of litigation in trial throughout South Florida. Our litigation attorneys have represented many commercial institutions wronged by fraud in a variety of commercial litigation cases including:

Breach of Contract and contract interpretation

When the language of a contract is not clear and precise, the court will give the words the average meaning, except it is obvious the words were used in a particular sense. The contract can be interpreted as a whole or within the context that it was made.

Class Actions

A class action is when a group of people join together in pursuing damages against a specific offender. One party will serve as the class representative and make all decisions. However, there could be a group of representatives. That is one of the disadvantages of a class action lawsuit. Not everyone can be involved in litigation decisions. Yet class actions can benefit many people since they are more affordable than other approaches and in some specific commercial litigation cases, they can be more effective. An experienced commercial litigation attorney can help you figure out whether a class action is a good option for your specific situation. The most common types of class action claims include product liability actions, unfair trade practices, employment class actions, and consumer class actions.

Aviation and Construction disputes

Navigating aviation and construction laws can be complicated. Our attorneys have represented clients in aviation matters including domestic aircraft and other aviation-related legal services, whether that includes airports and aviation authorities, fixed-base operators, buyers, sellers, or any other business involved in these transactions. Likewise, construction disputes can arise, mainly when the parties disagree on a contract and there is a real or perceived violation. Construction disputes can also occur due to lack of understanding, incomplete claims, and delays.

Debtor/Creditor litigation

Some debtor/creditor disputes cannot be resolved outside of court. A commercial litigation attorney Miami can help you to navigate through state and federal courts successfully. We always protect the interests of our clients and assist them in determining the amount of a disputed debt and obtaining payment thereon. You can resolve a competing claim with another creditor and defend lender liability claims. Some of the debtor-creditor litigation we do here at Gallardo Law Firm includes collection litigation, asset recovery and litigation, lender liability defense, and fraudulent transfer recovery.

Fraudulent transactions and Misrepresentation

When you run a business you will need a contract to seal most transactions and agreements. A contract is not valid unless both parties agree to the terms. When the terms of the contract are not accurate, then negotiations are based on false statements, and the contract may be invalid. Even if a representation was made without prior awareness, it could lead to a fraudulent misrepresentation claim when done recklessly. There are also negligent misrepresentation and innocent representation. Negligent misrepresentation is when one of the parties failed to make sure the representation was accurate. An innocent misrepresentation, on the other hand, is not deceitful or negligent. In order for a misrepresentation to give rise to legal action, it must have a material effect.

Insurance Coverage disputes

Insurance coverage can be a technical and confusing area of law with commercial disputes that involve denied coverage, related policy forms, and insurance applications. The legal challenges can be many and worsened by claims by or against the policyholder. The insurance policy is a contract that binds both parties to the terms. When the insurance company delays, discounts, or denies your claim, they may be in breach of contract.

Intellectual Property and Patent Infringement

This is a bridge of civil rights. Patent infringement is when someone sells a patent invention without permission from the patent holder. Investors, universities, and research organizations provide research for many emerging technologies. The majority of U.S. patents are issued to this elite group of investors. Unfortunately, many of them don’t receive licensing revenues with 99% going to larger companies. At Gallardo Law Firm we enforce the rights of these investors by filing and also litigating patent infringement. Investors should enforce their patent rights even when larger companies are involved.

Shareholder/Partnership Disputes and Derivative Actions

Many individuals that go into business with friends, family, a company, or any other party, don’t take the time to document their relationship with their partners through shareholder agreements and limited liability agreements, which detail their rights and responsibilities. Consequently, if a partnership dispute arises as their relationship unravels, they find themselves in a dilemma. In some commercial litigation cases, partners are thrown-out of business, leaving them with no rights.

Privacy, Cybersecurity, and Data Breach Litigation

No business is immune to privacy, cyber security and data breach. Even smaller companies can experience data breaches. The most important thing is to be prepared to avoid potential cyber-threats. A commercial litigation attorney can help you with this challenging and sophisticated area of commercial law. We help our clients by reducing the risks of data cybersecurity and data breaches by instructing them on complex privacy laws and guidelines, training employees and contractors on best practices, revising and drafting policies, and conducting risk assessments.

Product Liability and Business Torts

Business torts are acts of misconduct in the business world that require legal action. They generally involve one party deliberately interfering with the business or practice of another party. Some examples of business torts in Florida include fraudulent misrepresentation, unfair or dangerous business practices, and product liability. Product liability is one of the most common torts for businesses, and it involves injuries caused by using a product.

Commercial Real Estate, Land Use, and Environmental Litigation

At Gallardo Law Firm, we litigate a variety of issues and disagreements that arise from the ownership and development of the property. Whether you are an agricultural entity, developer, lender, investor, or business, we can represent you in all aspects of real estate including the purchase of property, financing, sale, and leasing of property.

Tax Disputes

If you need someone to help you handle a dispute with the IRS, or you are not satisfied with the IRS last dispute, you need to hire and commercial attorney with the skill and experience these commercial litigation cases demand. At Gallardo Law Firm have sufficient litigation experience to handle tax disputes.

Trade Secret and Unfair Competition

Some of the most valuable assets a company has are its trade secrets, proprietary information, and business relationships. That’s something that must be protected. We understand your business needs and will respond quickly to any situation that may arise. Some preventive methods can be adopted to avoid litigation. Yet if a lawsuit is necessary, our commercial litigation attorneys are equipped to handle it.

Sound Legal advice and representation in commercial lawsuits

At Gallardo Law Firm we make sure every case we handle is properly staffed with attorneys that have the required experience. We strive to develop a deep understanding of our clients’ unique goals and adjust our approach as circumstances change throughout the commercial dispute resolution process. We are seasoned litigators, and comfortable addressing a jury. We are also cost-conscious and will make sure you are provided exemplary advocacy that is affordable.

Contact our attorneys for an effective commercial dispute resolution

Commercial litigation is usually not the first choice but often a necessary one. A commercial litigation lawyer will recommend the best course of action designed to get the best possible results. Whether the outcome is achieved through litigation or another legal approach, we always have your best interests in our mind. We can help you with every step of the litigation process, whether that means writing a letter of complaint or bringing your case to court. To get a better understanding of your case, we offer a confidential consultation. Call us today and schedule your initial case evaluation with a commercial litigation attorney Miami.

FAQS
It is not possible to avoid a lawsuit. Nevertheless, you can consult a commercial litigation attorney when a genuine dispute arises. You can use mediation and allow your attorney, together with the other parties involved in your case help you resolve your dispute so you can avoid going to court and the costly litigation process. But even when litigation is the best course of action, it is possible to achieve the desired outcome, depending on your circumstances and evidence related to the claim.
A frivolous lawsuit with unsupported claims filed to delay judgment against the guilty party will not go very far. Also, the wrongful party runs the risk of being sanctioned by the court.
Consult a commercial litigation lawyer immediately to revise your claim. You also need to gather all the essential documents that are related to your claim so your commercial law attorney can make a compelling presentation of your claim. It is indispensable to talk to an experienced attorney so you can make an informed decision.
The first thing you should do is have a written chronology of events with relevant information such as witnesses, what was done and where, copies of contracts and amendments, emails and letters, photos, text messages, and so on. Although it is sometimes difficult and time consuming gathering this information and have it a litigation attorney review it, remaining ignorant about the facts of your case can be more expensive. An early commercial dispute resolution is often the best course of action as you will avoid any potential issues.
You will be best served if you hire a commercial litigation lawyer and are completely honest. Your commercial attorney can review the facts of your case and see if there are any elements of fraud that can be proven. It is common for fraud claims to arise, particularly in breach of contract cases, but it doesn’t mean that there was fraudulent conduct.
Litigation cases generally last for 1-2 years and not more than that, except the parties involved in the dispute settle earlier on. However, most commercial litigation cases will not settle until the initial discovery stage is completed, which generally lasts about six to twelve months.
Your litigation attorney should have practical experience in the commercial litigation field. It is also essential that you feel comfortable to speak freely with the commercial law attorney you choose. The attorney needs to be competent and provide you with regular feedback. If your attorney needs to research all your questions or just too busy to invest time in your case, he or she may not be not the best choice for you.
Depending on the facts of your case, your case will be heard by a judge or jury. A jury in court generally hears commercial lawsuits. However, when parties agree, the jury is waived, and the judge hears the case. Commercial litigation cases that are not heard in court will be determined by one or more arbitrators.
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