A Business Litigation Lawyer Melbourne, FL Can Trust
Owning your own business is certainly a dream for many ambitious entrepreneurs. The advantages of being a business owner are many including being your own boss and dictating the direction of your company. Unfortunately, as a business litigation lawyer in Melbourne, FL knows all too well, there are challenges as well.
There are many risks: inconsistent income, unforeseen expenses, untrustworthy employees, exceptionally long hours with minimal vacation. Additionally, owning one’s own business may also include lawsuits against your company or those which you have to file against others to protect your company.
Arcadier, Biggie & Wood, PLLC can work on your behalf to resolve any legal issues that your business is experiencing. Our team has extensive experience with business litigation, and our goal is to always consider our clients’ best interests by solving their toughest legal problems in the most expedient and cost-efficient manner. It is important for the security of your company to seek legal advice from a Melbourne, FL, business litigation lawyer, like Arcadier, Biggie & Wood, PLLC, who can provide valuable guidance. We work for clients in all industries to resolve issues from disputes that include, but are not limited to, the following:
- Claims against another company.
- Claims against an individual or group of individuals.
- Claims against a government entity.
- Disputes concerning business and commercial relationships.
- Breach of contract of fiduciary duty (defined as the withholding of something, usually money).
- Partnership disputes.
- Regulatory investigation.
- Finance and investments.
- Intellectual property, including trademarks, registered designs, and patents.
- Insurance disputes arising from construction, motor vehicle, and product liability accidents.
- Cybersecurity. Businesses face threats everyday through the internet. Your company needs privacy and cybersecurity monitoring to protect against irreparable damage from these constant threats.
- Trade secret disputes such as those that include contact lists of clients, sales leads, industry or product proprietary formulas, etc.
- Business conspiracy, which is the practice of one business willfully and maliciously injuring the plaintiff’s business, trade, or profession. Claims are popular in Virginia because there is a business-conspiracy statute that prohibits conspiracy claims and allows the recovery of triple damages in addition to reimbursing attorney’s fees to the successful plaintiff.
Lawsuits are a matter of public record. A lawsuit can damage a company’s reputation resulting in a variety of negative consequences for that business. A company does not want the potential public relations issues caused by legal actions. It is important to be prepared for possible disputes by meeting with a business litigation lawyer in Melbourne, FL to discuss which aspects of your business may be vulnerable to litigation. Arcadier, Biggie & Wood, PLLC works to minimize litigation risks and any attorney on our team can advise you on practical means to protect your company.
What is a Material Breach in Business Law?
As a business litigation lawyer Melbourne, FL businesses rely on, our firm regularly handles breach of contract matters. When you are in business and sign a contract with someone, you do so expecting that your business and their business will hold up both ends of the bargain. However, signing a contract ensures that you are both legally responsible for fulfilling your duties and if a party does not fulfill their duties, there will be legal repercussions. When there is a material breach of contract, it is when one party fails to perform their duties as outlined in the contract. Because the duty was so important to your agreement, it means that the agreement cannot be fixed and the party who experienced this breach can take the offending party to court. Once they go to court, they can collect damages that occurred because of this breach. When you do go to court because of a material breach of contract, it is important to have a business litigation lawyer Melbourne, FL trusts on your side to ensure you have the representation you need and who will know the ins and outs of business contracts. CallArcadier, Biggie & Wood, PLLC for more information.
Example of a Material Breach
When you sign a contract with a business, a material breach—also called a “total” breach—means that they are depriving you of the heart of the contract. So, if you go to a bicycle shop and you and the shop owner sign paperwork that says you will get a $1,000 bicycle that comes in a specific color and has certain safety features, but they ship you a bicycle that is not in the right color or that is lacking these safety features, this would not necessarily be a material breach. This does not destroy the heart of the contract—you still received the $1,000 bicycle, just not with the added features. Instead of ending the agreement, it would likely make more sense to go back to the shop and demand that they fix the situation by giving you the right color and the safety features.
However, if the contract stipulated that the bicycle you were purchasing was previously owned by Lance Armstrong and had his signature on it, but instead, it was an entirely different bicycle, you were not given the very specific and unique bicycle that you signed a contract for. This would be a material breach. In this case you would want to consult a business litigation lawyer Melbourne, FL has to offer for further advice.
How can you determine if a situation is a material breach?
Typically, if there is some way that you can be compensated for the breach in contract, it will likely not be considered a breach in contract. If money or some other physical object can fix the situation, then it is possible to keep the original contract in place. You may still need to talk with a business litigation lawyer Melbourne, FL respects, but this will be dependent on the circumstances of your legal situation.
What is a Business Tort?
Business litigation is complicated and a relatively broad area of the law that can contain local, state, and sometimes Federal, elements. As a business owner, it is certainly possible that you could face litigation at any given point. For this reason, it is recommended that you have a good business litigation lawyer in Melbourne, FL to review your handbooks, contracts, legal agreements, or other documentation. By doing so, it may be possible to prevent a dispute before it even happens. For a consultation with a Melbourne, Florida business litigation lawyer, please call Arcadier, Biggie & Wood, PLLC.
Understanding Business Torts
Business torts can also be referred to as economic torts are are generally considered to be a wrongful act committed against a business. This act could include an act of negligence, or carelessness; however, it is often intentional. As a business litigation lawyer in Melbourne, FL might explain to you, the most common reason for a person or entity to engage in a wrongful act against another business is to cause the business financial loss. This loss could occur now or in the future and may include other repercussions. A business tort is not a criminal act; however, some cases may be treated in a similar way.
If your business suffered loss due to a wrongful or negligent act on the part of another person or business, you may be able to file a case for monetary damages. In general, you will need to have a business litigation lawyer in Melbourne, FL to help you.
Business torts can result in a damaged public reputation, harmed business relationships, decline in business grown, lost profit, and a lowered position within the related marketplace. As a business litigation lawyer in Melbourne, FL will tell you, business torts, and their financial losses, can include current and prospective losses. For example, if a business lost a client due to the tort, the damages may be based upon that loss. If the loss of the single client led to a hindrance in the ability for the business to regain new clients, future losses might also be included in the claim.
Types of Business Torts
A business tort can occur in any number of ways. For instance, the tort will include any act that prevents a business from operating; therefore, the laws around business torts are fluid. The following are a few examples of business torts handled by a Melbourne, FL business litigation lawyer.
Tortious Interference – When one party purposely interferes with a contract between the plaintiff and a third party.
Theft of Trade Secrets – This can occur when one party steals or sells proprietary information, such as trade secrets, from a business.
Fraudulent Misrepresentation – When at least two parties enter into a contract, each has a duty to adhere to their obligations, and in good faith. If any party misrepresents their intentions, and the other party is financially affected, it may be a business tort.
Remedies for a Business Tort
There are specific tort laws that can help a lawyer to assess the financial losses associated with the tort; thereby, establishing a numerical value that may be sought for compensation in civil court. To learn more about this, please call a business litigation lawyer.
Business Litigation and How it May Affect You
One of the freedoms people in the U.S. enjoy is the freedom to hang out their shingles and become their own bosses. Some succeed wildly, growing into multi-national corporations; others continue as small “mom-and-pop” operations. Entrepreneurship can take many different forms, but one fact of life is common to all of them: business litigation. A large corporation operating in the Sunshine State often keeps a business litigation lawyer in Melbourne, FL on retainer for that very reason. Few small businesses can afford the expense of a staff attorney, however, which is why the Law Offices of Arcadier, Biggie & Wood is here to serve small-to-medium sized companies.
With Rights and Freedoms Come Risks and Responsibilities
Unless you are a sole proprietor, owning and operating your own business can get complicated, especially when it comes to taxes. This is why many businesses hire accountants. That said, additional complications arise when two businesses come into conflict, or an individual or group of people file a lawsuit or petition the court for an injunction. Intellectual property is another source of litigation. Navigating local, state and Federal regulations as they may apply to your business can be challenging as well; it’s easy to run afoul of the law if you are not paying careful attention to what your company is doing and how they’re doing it or have trustworthy and reliable people to monitor these matters. These are excellent reasons to hire a business litigation lawyer in Melbourne, FL.
Protecting What You Have Built
While being a sole proprietor is simple, there are good reasons to form a corporation of some type, such as an LLC. The initials stand for “Limited Liability Company,” and that is a good description of what it does: limits liability. As a sole proprietor in business litigation, you are at risk of losing your home, your savings and more if you are sued. However, an LLC is a separate entity. People can sue the company, but the owner’s personal property and assets are protected. A business litigation lawyer in Melbourne, FL can help you to navigate the process of incorporating.
There are other types of corporate structures that may be more appropriate for your business (such as an S corporation), depending on its size and the nature of its products or services. A consultation at the Law Offices of Arcadier, Biggie & Wood can help in determining what will work best for your company.
6 Things To Look for in a Business Litigation Lawyer
Business litigation lawyers handle business-related cases for organizations and governments. These are some of the qualities you should look for in a business litigation lawyer.
Look for a business litigation lawyer in Melbourne, FL who has a track record of success with cases like yours. Talk to former clients about their experience. Ask about how many cases the lawyer you are considering has handled and how many were won. Check with the state bar for any complaints or ethics violations. You need an attorney who not only makes clients happy but is respected by judges and opposing counsel.
A business litigation lawyer in Melbourne, FL with experience handling cases similar to yours will give you the best chance of winning your case. Ask the lawyers you are considering how many years they have been practicing and how many cases they have litigated.
An attorney who specializes in business will give you the best chance of winning your business litigation case. The team at Arcadier, Biggie & Wood, PLLC has extensive experience with business litigation and will work hard to solve your toughest legal problems quickly and efficiently.
You don’t want to simply hire the least expensive attorney you can find, but you do need to consider your budget. Look for an attorney who offers quality services that provide a good value for the price you are paying. Ask what basis fees are charged on. Attornies may charge by the hour, a flat rate, a contingency fee or a combination. Some of these billing methods may fit into your budget better than others. Make sure you get a detailed, written fee agreement from any attorney you decide to work with and don’t sign it unless you completely understand it.
5. Willingness To Litigate
Be wary of attorneys who hardly ever go to court. Settling cases out of court is a worthwhile goal; however, you are unlikely to get the full value of your case if the other side perceives your attorney as too motivated to settle. Your attorney at Arcadier, Biggie & Wood, PLLC is an experienced litigator who will only accept a settlement offer if it is in your best interest.
Meet with the attornies you are considering in person. Do they make you feel comfortable? Are they willing to answer all your questions? Did they explain to you what to expect? Were they transparent about the fees they charge?
Business Litigation Lawyer Melbourne, FL
If your company is involved in a breach of contract dispute, contact our business litigation lawyer Melbourne, FL relies on from Arcadier, Biggie & Wood, PLLC to learn how we can help you effect a positive outcome. A breach of contract claim or lawsuit is a common scenario, and the manner in which it is resolved, as well as the outcome can have long term effects for those involved. This is true even before the dispute enters the courtroom. Our business lawyer Melbourne, FL knows endeavors to place clients in the most advantageous position for court-ordered remedies or out-of-court settlements. Whether your company is the breaching party or the injured party, turning to an experienced business litigation lawyer Melbourne relies on to represent your best interests is a wise investment.
What is a partial breach of contract?
A partial breach of contract is the failure of a party to meet an aspect of the contract they engaged in with another party, thereby possibly allowing the aggrieved or second party to sue the other party for the damages they incurred as a result of the breach. Our Melbourne, Florida business litigation lawyer can represent either party in the dispute, ensuring a fair resolution.
What is an example of a partial breach of contract?
A company hires a contractor to build an addition to their office building. Within the work contract is a specification that the exterior walls must be painted to match the existing building’s colors which are the colors of the company’s logo. Though the contractor builds the structure to specifications, they neglect to match the exterior color, which also does not meet the company’s branding, thereby lessening the perceived value of the paint scheme. Should the contractor balk at repainting the building and at their own expense, the company may elect to hire a business litigation lawyer. Possible resolutions include a discount that reflects the cost of eventually repainting the exterior or a new paint job.
What is a material breach of contract?
When one party fails to fulfill their obligations as specified by the contract with another party, thereby destroying the integrity of the contract, they may be liable for the resulting damages.
What is an example of a material breach of contract?
Using the above example, if the contractor used substandard materials or violated building code requirements, resulting in a very real likelihood of structural damage or hazardous conditions, the company may demand that the imperfections be rebuilt properly or, in more serious cases, tear down and properly rebuild the structure. Alternately, the company’s business litigation lawyer from Melbourne, FL may demand payment equivalent to what another contractor might charge to remedy the structure should the company have lost confidence in the contractor’s ability to meet their contractual obligations. When a contract is wholly and materially breached, it is sometimes referred to as a repudiatory or fundamental breach of contract.
What is an anticipatory breach of contract?
This is when a party to the contract does not maintain their efforts in order to fulfill their obligations in accordance to or before the close of the contract. As a result, the other party reasonably assumes that the contract will be breached and they will suffer damages accordingly.
What is an example of an anticipatory breach of contract?
A contractor agrees to complete the building of a structure by a certain date, but has not made material progress toward that end, and a significant amount of work remains and is unlikely to be finished by the contract’s completion date. The company’s business litigation lawyer may demand that the contractor procure additional resources as necessary in order to complete the building in time, or else be fined a certain amount of money for each day that extends past the contractual end date.
To learn more about the legal services offered by our business litigation lawyer in Melbourne, FL, contact Arcadier, Biggie & Wood, PLLC today.
Getting Legal Help
When it comes to material breaches, a business litigation lawyer Melbourne, FL trusts can help you determine if your contract is a material breach or if some amount of remediation can fix the situation. In fact, instead of leaving it up to the judge to decide, it is possible to put clauses into the contract before there is ever a breach to clearly outline what a material breach would be in your situation.
Call a Business Litigation Lawyer Melbourne, Florida Businesses Have Been Relying On For Decades, Call Arcadier, Biggie & Wood, PLLC
It is almost always preferable to privately resolve business disputes; however, when this format isn’t possible, a dispute attorney can be an invaluable asset. Arcadier, Biggie & Wood, PLLC aggressively attempts to resolve issues using mediation and arbitration, but is prepared to go to court if necessary to protect your company’s business interests. Contact an experienced business litigation lawyer Melbourne, FL companies trust from Arcadier, Biggie & Wood, PLLC, today.