Orlando Commercial Litigation Lawyer

Commercial Litigation Attorney In Orlando

Operating a business in Orlando, Florida, can take over the entirety of the owner’s life. When your business is facing litigation, it can be overwhelming to try to handle it alone. Having an experienced Orlando commercial litigation lawyer can help you assess your rights and obligations under Florida law. Disputes in your business can lead to significant personal and financial losses, making it essential to understand your legal options early on. In many cases, commercial disputes share similarities with business litigation, but understanding the differences is essential when deciding your legal approach.

Experienced Commercial Litigation Attorneys in Orlando

LMK Legal is a Florida-based law firm, headquartered in Palmetto Bay. We represent individuals, business owners, and corporate entities in a variety of legal disputes, including business contracts and other commercial matters. Founding attorney Laurence M. Krutchik brings over a decade of litigation experience to every case. Prior to founding the firm, Mr. Krutchik worked at three nationally recognized insurance defense law firms in Miami.

His practice areas there included contract litigation, mass torts, fraud claims, professional liability, and maritime law. He has been selected as a Rising Star by Super Lawyers Magazine for four consecutive years, a distinction limited to no more than 2.5% of all Florida attorneys. He holds an AV Preeminent peer rating for ethical standards and legal ability.

Mr. Krutchik understands how commercial litigation not only affects your livelihood but also every aspect of your personal life. He approaches each case with the empathy it deserves and knows that no two cases are the same. Our team works tirelessly to develop custom legal strategies tailored to each client. We regularly represent our clients in cases overseen by the Orange County Courthouse, located at 425 N Orange Ave.

The Difference Between Commercial and Business Litigation

Although Orlando is widely recognized for its tourism, it has also emerged as one of the nation’s fastest-growing business centers. Recognized as a Top 10 American City of the Future for three consecutive years, Orlando is home to many business owners and over 1,000 new residents moving to the city every week.

Business litigation and commercial litigation both address legal issues related to companies, but they focus on distinct aspects. Business litigation encompasses disputes that arise within a business, including disagreements between business partners, owners, or employees. These are internal issues that affect how the company runs.

Commercial litigation involves disputes that arise between different businesses or outside parties, such as a company filing a claim against another company for breach of contract or non-payment of an invoice. These matters often require strategies similar to those used in common business litigation cases in Florida, but with added complexity due to external parties being involved.

Different Types of Conflicts

Business litigation involves disputes within a company, while commercial litigation involves disputes between companies. In 2023, 20,257 residents of Orlando were employed in management occupations, resulting in frequent interactions with outside companies.

These disputes may span multiple states or countries, include numerous parties or subsidiaries, and require interpretation of technical language. Commercial litigation encompasses a broad range of legal conflicts. These include:

• Breach of contract claims. This can involve disputes over the interpretation or enforcement of business agreements, which are often lengthy and multi-layered.
• Fraud and misrepresentation. This typically concerns false statements or omissions made in business transactions, often related to financial matters or asset disclosures.
• Intellectual property disputes. These cases involve unauthorized use or infringement of patents, trademarks, copyrights, or trade secrets.
• Antitrust violations. This concerns businesses engaging in unfair competition or monopolistic practices, which often require deep economic and market analysis.
• Securities fraud. These claims involve misleading investors or manipulating financial data.

Because of the wide range of disputes businesses can face, it’s important to hire a commercial litigation lawyer to help you understand the full extent of your legal situation.

The Importance of Contracts When Conducting Business Operations

Contracts are a common tool used by businesses when operating with outside entities. Contracts often include terms about damages, attorney’s fees, arbitration, or which court will hear the case if there’s a dispute. These details matter. Having a lawyer draft your contracts and review any presented to you is an important preventative step to protect your business in the future.

If someone breaches the contract (i.e., breaks it), the other party may be able to file for damages or ask a court to enforce the contract. A good way to protect yourself is to consult a lawyer for assistance before signing any important documents. Only a licensed attorney can tell you whether a contract is valid, explain your rights, and help if the other side doesn’t follow through.

Filing Deadlines

For cases involving a breached contract, Florida law requires the filing of a claim within specific deadlines. Under Florida Statute 95.11:

• Written contract claims must be filed within 5 years from the date of the breach.
• Oral contract claims must be filed within 4 years.
• Fraud or misrepresentation claims must be filed within 4 years from discovery.

Failure to file within the correct time can lead to a dismissal of your case.

Understanding the Discovery Process

As of 2023, Florida had the highest litigation rate in the U.S., with more than 59,400 cases filed between 2022 and 2023. That’s approximately 276 cases per 100,000 residents. One of the most important stages in any commercial litigation case is discovery. This phase can involve large volumes of documentation, as seen in Florida commercial litigation cases where multiple parties exchange records and contracts.

During discovery, each side gathers important details to build their case, often using written questions, document requests, admissions, and depositions. Depositions, where witnesses are questioned under oath, are one of the most crucial aspects of discovery and can take a considerable amount of time to complete.

Discovery can include anything that’s not protected by law and is relevant to the case, even if it won’t necessarily be used in court. In commercial disputes, this stage can be particularly complex because companies often need to exchange large volumes of documents, contracts, and digital records.

The Benefits of Mediation

Commercial dispute cases can take years to resolve. Litigation may involve multiple court hearings, motions, depositions, witnesses, and possibly a trial or appeal. Mediation is a way for businesses and individuals to resolve commercial disputes without going to trial. Mediation involves a neutral third party, called a mediator. This party helps each side try to reach a mutually agreeable resolution.

The mediator remains impartial and does not make decisions. Instead, they guide the conversation, help clarify misunderstandings, and encourage both parties to work toward a mutually acceptable solution. Having your attorney present during mediation is crucial to protecting your rights. Mediation has many benefits, such as:

• Court hearings are usually public. Mediation allows your business affairs to remain private.
• You control the outcome. If you reach an agreement with the other party, you write it down and sign it. That signed agreement becomes a legally binding contract. If you don’t agree, you simply go back to court.
• Saving time and money. Public trials can be expensive and time-consuming, whereas mediation is typically faster and less stressful. It also gives you the chance to come up with creative solutions that a judge might not be able to offer. Instead of someone else deciding the result, you and the other party stay in control.

Preparing for mediation is important. Before the meeting, gather all documents and information related to your case. Discuss with your attorney what really matters to you and what you’re willing to compromise on. Be open-minded but also clear about your goals.

Why You Should Hire an Experienced Commercial Litigation Lawyer

When you’re dealing with a commercial dispute, having an attorney is essential. These legal matters tend to be more complex than business litigation and involve outside entities that don’t have your interests in mind. An experienced attorney will be able to:

• Protect your interests from the very beginning. A skilled lawyer ensures that your case is handled properly from day one. At LMK Legal, our team offers free consultations to business owners facing legal disputes in Orlando. We can help resolve legal disputes privately before they escalate into full-scale litigation, saving you stress, time, and money.
• Save you time and minimize disruption in your business and personal life. Legal disputes can be incredibly time-consuming. Having a commercial litigator on your side means you can stay focused on running your business while your attorney manages deadlines, filings, discovery, and negotiations.
• Help you understand realistic expectations for your case and prepare you for any outcome. Many business disputes are settled out of court, but some do go to trial. A knowledgeable attorney will prepare you for either scenario. Here at LMK Legal, we take pride in our direct and consistent case communication.
• Level the playing field. If the opposing party has legal representation, going it alone puts you at a severe disadvantage. Lawyers dedicate their lives to understanding federal and state law, and working similar cases. Your lawyer can ensure that your rights are protected and that your voice is heard throughout the entire process.

Why Choose Us?

Clients appreciate our honest legal advice, direct communication, and tailored approach to each case. One recent client, Monica Jordan, shared the following:

“Larry was aggressive, responsive, and extremely well-versed in these kinds of contractual disputes. His detailed and comprehensive motion practice stood out. As a litigator myself, I was blown away by his professionalism, knowledge, and efficiency. I would recommend Larry to any of my own clients and/or colleagues without question.”

Clients choose LMK Legal because of our strong reputation for clear and concise legal communication, meticulous case management, and strategic litigation planning. Whether a case is resolved in court or through private negotiation, our firm emphasizes efficiency and preparation at every stage of the legal process.

FAQs

Is Commercial Litigation Difficult?

Commercial litigation can be complex depending on the issues involved. It encompasses a wide range of legal issues, each with a varying degree of complexity. Because they involve businesses, these cases often include contracts, financial records, or industry-specific regulations.

An experienced lawyer will understand how each of these elements affects your case. Each case requires detailed preparation and strategic planning. Working with a lawyer can help ensure all legal requirements are addressed throughout the process.

What Is a Win-Win Negotiation in Florida?

Many lawyers and businesses now use “win-win” negotiation methods in Florida. These strategies aim to find solutions that benefit both sides, rather than having one side lose. As a result, cases are being settled faster, and business relationships are less likely to break down. Companies are putting clauses in their contracts that require mediation before going to court.

This not only helps people avoid long and costly cases, but it also eases the burden on Florida’s crowded court system.

How Long Does Mediation Take Versus a Trial?

The Financial Industry Regulatory Authority (FINRA) reported that in 2024, mediation cases had an average turnaround time of about 130 days, or just over four months. Additionally, 83% of cases were resolved through mediation or settlement before proceeding to a full arbitration hearing or trial. Commercial trials can take years, depending on the complexity of the case, making mediation a favorable option for most business owners.

Can I Stop a Case From Progressing if I Offer to Settle With the Other Party?

In many cases, offering to settle can pause or even end the litigation process. If both sides agree to the terms, the case can often be resolved without going to trial, and the court will close the case. It is crucial to consult with a lawyer before making a settlement offer. While a settlement can be a smart way to resolve a dispute, doing it improperly or too early could weaken your legal position.

Choose a Trusted Florida Law Firm

If your business is involved in a commercial dispute in Florida, contact our experienced legal team at LMK Legal to learn how we may assist with your case. Our legal team can help you explore your available legal options and strategies. We understand the stress involved with commercial litigation and are ready to learn your goals for your case.

Orlando Commercial Litigation Resources:

• How to resolve a business contract dispute in Florida

• Benefits of hiring a business litigation lawyer in South Florida

• How to resolve partnership disputes in Florida

• How to protect your business from contract disputes in Florida