A business litigation attorney represents companies and owners in commercial disputes, such as breach of contract, partnership and shareholder conflicts, through negotiation, mediation, arbitration or trial. Florida courts can refer civil cases to mediation, and Florida enforces written arbitration agreements. Cannady & Associates is led by a former Florida prosecutor.
A business dispute is rarely only about money. It can tie up your time, strain relationships with partners, customers and vendors, and distract you from running the company. The right approach depends on what you need: a quick resolution, protection of an ongoing relationship or a decision from a court or arbitrator. Our business litigation attorneys help you see those options clearly and pursue the one that fits.
Business litigation, mediation and arbitration are part of our corporate law practice. Because we also draft the agreements behind most disputes, we read your documents the way a judge or arbitrator will.
Disputes we handle
- Breach of contract claims involving customers, vendors, distributors and service providers. Contract terms and the Florida deadlines for bringing contract claims are covered on our business contracts page.
- Partnership disputes over contributions, profits, management decisions or a partner's exit.
- Shareholder and member disputes in closely held corporations and LLCs, including disagreements over control, information and buyouts.
- Disputes arising from a business sale, such as disagreements over what was promised in the purchase documents.
- Intellectual property disputes, including the unauthorized use of a name or logo.
- Commercial property disputes, which our real estate litigation team handles with us when a business dispute involves land or a lease.
Partnership and shareholder disputes
Disputes between co-owners are among the hardest a business faces, because the people on both sides usually still own the company together. The first place we look is the governing documents: the partnership agreement, operating agreement, bylaws or shareholder agreement. Those documents often set out how decisions are made, how deadlocks are broken, whether an owner can be bought out and on what terms, and how disputes must be resolved. When the documents are clear, they point the way. When they are silent or poorly drafted, the dispute is harder, which is one reason we encourage clients to get those documents right at the formation stage.
In an owner dispute, the goals are often practical: keep the business running, protect your investment and reach an exit or settlement that is fair. We work toward those goals while preparing for the possibility that the matter will need to be decided by a court or arbitrator.
Mediation
In mediation, a neutral mediator helps the parties negotiate a settlement. Many business contracts require mediation before a lawsuit can proceed, and Florida courts may refer all or part of a filed civil action to mediation under section 44.102(2)(b) of the Florida Statutes. Mediation is confidential in many circumstances and gives the parties control over the outcome, which can be valuable when a business relationship is worth preserving. We prepare clients carefully for mediation, because a settlement is only as good as the preparation behind it.
Arbitration
Arbitration replaces a court trial with a decision by a neutral arbitrator. Florida's arbitration statute, the Revised Florida Arbitration Code in chapter 682, provides that a written agreement to arbitrate an existing or future controversy is valid, enforceable and irrevocable, except on a ground that exists at law or in equity for revoking a contract (section 682.02). An arbitration award can be challenged in court only on limited grounds, such as fraud, evident partiality or an arbitrator exceeding their powers, and a motion to vacate generally must be filed within 90 days after the party receives notice of the award (section 682.13). Because the right to challenge is narrow, the arbitration hearing itself is where the case is usually won or lost.
Steps that protect your position early
What you do in the first days of a dispute can matter as much as anything that happens later. A few practical steps help:
- Read the contract's dispute terms. Look for notice requirements, cure periods, mediation or arbitration clauses and any clause choosing a particular court or location.
- Preserve documents. Keep emails, texts, invoices and records related to the dispute, and do not delete anything.
- Be careful what you say. Messages to the other side, and posts on social media, can become evidence.
- Note every deadline. Response deadlines in a lawsuit and limitation periods for bringing a claim can both be short.
Litigation in court
When a dispute cannot be resolved by agreement, we represent businesses and owners in court. Litigation generally moves through pleadings, an exchange of information and documents known as discovery, motions, and, if the case does not settle, trial. Throughout, we keep you informed in plain English about where the case stands, what the next step is and what decisions you need to make.
Why a courtroom background matters
Our founding partner, David Cannady, is a former Florida prosecutor. He understands how evidence is presented and how judges and juries respond to it. That background shapes how we prepare a business case from the first conversation: we gather the documents early, identify the key facts and build toward the hearing or trial that may decide the matter.
What to bring to your consultation
- The contract, operating agreement, bylaws or other documents at the center of the dispute.
- Emails, texts and letters between the parties.
- Invoices, payment records or other evidence of what was lost.
- Any demand letter, complaint or summons you have received.
We meet clients at our Fort Lauderdale office in Broward County, as well as in Indian Harbour Beach and Orlando.
