Category Archives: Civil and Commercial

Explaining the Expenses of Commercial Business Litigation to Your Clients

Although most individuals understand that hiring a commercial business litigation attorney and pursuing a case in the Florida court system is an expensive process, most clients have a difficult time understanding how they end up spending tens or even hundreds of thousands of dollars in legal fees and costs—especially if they do not prevail at the end of the case. To avoid frustration from your clients, it pays to explain in advance of litigation just how expensive this process becomes. Many attorneys tell their clients that a case may end up costing tens or even hundreds of thousands of dollars... Read More

Selecting a Commercial Mediator in Broward County

Mediation has become a popular alternative to courtroom litigation in many different types of commercial disputes in Florida.  As an attorney, when you and opposing counsel decide that mediation is the best step to take in your case, how do you select a mediator? Of course, the first step you should take is to ask other attorneys in your professional circles who they would recommend as a commercial mediator in Broward County.  Be sure to explain the facts of the case so that your colleagues are fully informed as to the nature of the dispute before they make a recommendation. ... Read More

Mediation in Debtor/Creditor Matters

As plaintiff’s counsel in commercial or business litigation in Florida, you have no doubt been in a position where you know you have a good case, and that your client is in the right. Your client is also probably very well aware of this fact. The expectation that you will succeed and recover monetary damages is high. The defendant may not even be contesting liability in your case. However, you have a problem. The defendant is teetering on the verge of insolvency. If you win and obtain a judgment, you may trigger a universal default with the defendant’s other creditors.... Read More

Civil and Commercial Business Litigation in South Florida: Choosing a Clawback Mediator

When your clients come to you in distress after finding out they have unwittingly invested in a Ponzi scheme, you need to take immediate action. You need to determine the depth of their involvement and to obtain and review whatever documents show the extent of their knowledge or lack of it concerning the workings of the Ponzi scheme. And, perhaps most importantly, you have to advise and prepare them for the possibility that a court-appointed trustee or receiver will initiate clawback litigation and that it could cost them a lot of money. Avoidance actions, often styled as actions to recover... Read More

Business Dissolution in Miami

No one launches a business as a temporary activity; the goal is always to build and grow and open up the market. Growth is the keystone of any business plan, and sometimes the hardest part about business dissolution in Miami and elsewhere in Florida is the initial decision to close. Admitting that a business has failed can be psychologically difficult. This often means that by the time your client comes to you for assistance in a tumultuous or hostile business dissolution in Miami, the relationship between them and their partners, investors, or creditors is already severely strained. Mediation is frequently... Read More