Defrauded? Suffering from another’s bad faith in a business deal gone bad? Squeezed out of a commission you earned? Otherwise abused in a business relationship? Tired of paying an attorney hundreds of dollars an hour and seeing no results? Let the contingent fee business litigation lawyers at Cutler Rader get to work for you today. Our aggressive and experienced attorneys only get paid when you do, after your case has been successfully resolved! Call us today!
No Stone Left Unturned
Many people think that the only legal remedy for a business deal gone bad is a lawsuit for breach of contract. In many instances, breach of contract lawsuits can involve several other potential theories of liability. Additionally, there are some wrongs suffered by businesses and business owners that do not necessarily arise out of contract. What then?
The business litigation attorneys at Cutler Rader are well-versed in the handling of cases involving business torts. Our attorneys diligently explore all potential causes of action and avenues of recovery. In Florida, businesses and individuals that have been wronged in a commercial context have many different potential causes of action that only an experienced business attorney can properly discuss and advise upon. These business torts include:
- Tortious Interference with a Business Relationship
- Negligent Misrepresentation
- Unfair Trade Practices
- Conversion and Civil Theft
- Breach of Fiduciary Duties
Breach of Fiduciary Duty Claims
When one person acts for the benefit of another, that person owes the other a fiduciary duty. They have an obligation to act in the best interest of the person they represent or work for. These people are held to a high standard and must be honest, forthright and operate with full disclosure to their clients. Fiduciary relationships have been found to exist in the following contexts: broker-client, agent-principal, managing member-members, corporate officer-shareholder, trustee-beneficiary, executor-heir, and attorney-client.
Unfortunately, many times trust is betrayed and a fiduciary duty ignored to satisfy one’s own self-interests. Our business litigation attorneys know what it takes to successfully handle a breach of fiduciary duty claim, which is all too common in Florida.
There are three main fiduciary duties in Florida. The duty of loyalty means a fiduciary must put his beneficiary’s interest ahead of his own. He must disclose any conflicts of interest and timely remove himself from those conflicts. A fiduciary owes a general duty of reasonable care, to act as a reasonable person would in the same circumstances, as if he were handling his own affairs. Finally, a fiduciary must fulfill his duties in good faith.
If any of these duties is breached, both legal damages and equitable relief may be available. Legal damages include both monetary compensatory damages as well as punitive damages, which are meant to penalize the breaching party and prevent him or others from acting in this way again in the future. Equitable remedies can include anything from injunctive relief, forcing the fiduciary to act a certain way or preventing him from doing something, to the disgorgement of profits or commissions.
It is important that your business attorney not leave any stones unturned. Your business attorney must explore all potential avenues of recovery and fully investigate the facts of your loss to truly maximize your recovery. Let the business litigation attorneys of Cutler Rader go to work for you today.
We offer free consultations and frequently work on a contingency basis, because we feel that you should only pay us when we successfully get you the results you deserve. To discuss your potential business tort claim, contact us today.