Business Litigation

It often takes years of hard work and considerable financial outlays to build a profitable business. Yet, sometimes a single business transaction can threaten the viability of company. When individuals or business owners violate the trust of others by committing fraud, deliberately breaching a contract, misappropriating funds, or otherwise acting improperly, it often takes our judicial process to regain what has been lost.

The attorneys at Viñas & DeLuca have experience handling complex commercial litigation. Contact us if you or your business has suffered a significant financial loss due to another’s misconduct. We are dedicated to finding practical and effective solutions for you or your business, whether this means exploring a resolution before a lawsuit is filed, participating in arbitration, actively litigating your case, or presenting your case to a jury.

Unlike most large litigation firms, Viñas & DeLuca will consider handling business litigation matters on a contingency fee. That is, we will not charge a fee for attorney’s time unless we can make a recovery for you or your business. Or, we can structure a hybrid fee contract to reduce hourly billing rates and make litigation more affordable for our clients.

We have the experience, knowledge and skill to effectively take on complex business litigation matters in both state and federal court. We accept commercial litigation matters involving:

  • Fraud: There are many forms of civil and criminal fraud. Generally speaking, fraud exists where a person or company knowing makes a false statement with the intention of having another person rely and act upon that false statement. The plaintiff in a fraud case must have justifiably relied on the false statement to his or her detriment. Fraud can involve written or oral communications, dishonest or deceptive business practices, or a misrepresentation made during the course of a fiduciary or confidential relationship.
  • Theft: Theft is often defined as the unlawful taking of another’s property with the intent to permanently deprive them of it. Theft can be civil or criminal, and can involve tangible and intangible property rights.
  • Employment Agreements: Litigation concerning employment agreements often arises in the context of non-compete agreements, confidentiality agreements, or employment separation/termination agreements.
  • Breach of Contract: In order to sue for breach of contract, there must first be a legally enforceable contract or agreement. While the elements of an enforceable contract may vary depending on the type of agreement at issue, generally speaking there must be a clear offer, an acceptance of that offer, something of value (i.e. consideration) exchanged between the parties, and intent to create a contract. The consideration required to enforce a contract need not be money or anything having monetary value. Instead, it may consist of either a benefit to the promisor or a detriment to the promisee.
  • Real Estate Disputes: Real estate litigation can arise anytime there is a disagreement between individuals as to the interest, rights or responsibilities of landowners. Common real estate disputes involve the purchase and sale of real property, boundary disputes, landlord-tenant disagreements, foreclosure actions, construction contracts, real estate finance agreements, title disputes, and real estate management agreements.
  • Improper Shareholder Conduct: Shareholders have the right to sue other shareholders on behalf a corporation. These lawsuits are called shareholder derivative actions and typically involve misconduct or mismanagement by corporate executives, directors, or board members. In these types of cases, a shareholder sues in a representative capacity on behalf of a corporation in order to redress harm to the corporation.
  • Insurance Claims: Insurance claims against a person’s own insurance company (called first party insurance claims) involve issues of contract law and are governed by statutory laws which impose specific obligations on Florida insurance companies. These cases are highly technical. Typically the insured can make a claim for attorney’s fees where insurance coverage has been wrongfully denied. Insurance claims can involve commercial property insurance, general liability insurance, professional liability insurance, and product liability insurance.
  • Unfair Trade Practices: There is a host of state and federal consumer protection laws which protect the public against unscrupulous, unfair and deceptive business practices. Cases involving unfair trade practices will often include claims for violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (or its federal counterpart), which protects consumers against unfair methods of competition, unconscionable business acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.

The Law Office of Viñas & DeLuca will be happy to evaluate your case, provide our insight, and help pursue a claim for your financial loss. If you believe you or your business may have a claim, or simply have questions, feel free to contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. Or, you can complete our Free Case Evaluation Form and we will contact you.