Florida Business Torts Lawyers
A business tort is a civil claim that may be alleged for certain wrongdoing in a business relationship. The various grounds for these claims are diverse and driven by federal statutes as well as substantive and ethical laws governed by the states.
Business tort law covers claims that may not necessarily arise out of obligations addressed by traditional contract law. Business tort law allows a client to seek punitive damages. Traditional contract law, in comparison, does not. For this reason alone, a great deal of leverage can be gained or lost with respect to how a case is pled. A case that appears to fall within the boundaries of contract law can sometimes find a more proper cause of action under a business tort basis.
Because the laws and judicial attitudes towards various pleadings differ from jurisdiction to jurisdiction, it is equally important that a case be raised properly and in the proper forum. A simple mistake with respect to how or where a case is pled can be fatal, legally barring a client from ever again raising an action or defense. A client needs counsel familiar and proficient with these issues.
As technology has become increasingly swift, the focus in business law is shifting to an increased vigilance in protecting intangible, as well as tangible, assets. With today’s technology, business tort matters can arise literally overnight and have far-reaching consequences. The party harmed is often as equally vested in enjoining the harmful conduct quickly as they are in obtaining damages at some unknown time in the future.
Increasingly, matters such as trade secret protection and even the scope of competency and ethics owed through various business fiduciary relationships are receiving more attention in the law and media. Non-contractual tort claims are as threatening to survival in the business landscape today as poor profit margins have ever been.
Podhurst Orseck represents clients in a wide range of business tort disputes, including, but not limited to:
- Deceptive trade practices
- Director and officer liability
- Attorney and accountant malpractice
- Intellectual property rights
- Tortious interference with contractual relationships
- Tortious interference with prospective relationships
- Protecting business relations and goodwill
- Brand and logo infringement
- Unscrupulous, unfair or oppressive competitive practices
- False advertising
- Diverse claims which arise under state specific law
Business torts can either be pled initially by the plaintiff or by the defendant as a counterclaim. An unprepared client on either side can overlook legitimate and viable claims and defenses, with devastating results. The legal team at Podhurst Orseck is skilled in analyzing, drafting and pleading effective case theories. We understand the facts, the jurisdictional nuances and the businesses involved.
Our attorneys represent clients as plaintiffs and defendants in state and federal courts as well as arbitration hearings and other negotiation settings. Since 2011, our firm has claimed over $2 billion in settlements and judgments for our clients.
We are experienced in complex, multi-jurisdictional matters throughout the United States. Two of our partners – Joel Eaton and Stephen F. Rosenthal – devote their practices exclusively to appellate litigation and complex trial motions. Although we are based in South Florida, Podhurst Orseck has a built a national reputation and has been a dependable referral for other law firms and counsel from around the country.