Florida consistently ranks among the top states for business nationwide, especially due to its favorable tax regime and the enormous influx of consumers year after year.
Another factor that contributes to Florida’s favorable business environment is the state legislation, which tends to be “pro-business” when compared to other states (e.g., California).
However, it is fundamental to understand the peculiarities associated with Florida business law. In this article, you will find out the differences between commercial litigation and business litigation in Florida.
Is Commercial Litigation the Same as Business Litigation in Florida? – No, They Are Similar but Not Equal
Although many people tend to use both terms interchangeably, they are distinct due to the differences between procedures associated with business and commercial litigations.
However, even some lawyers tend to encompass both subjects under the same umbrella, but although court action may be a bit similar, it is impossible to deny fundamental distinctions that exist between them.
Ultimately, whether you are defending against a lawsuit or pursuing justice in court, make sure to sit down with an expert attorney in Florida to have your case assessed before proceeding with further action.
Commercial Litigation vs. Business Litigation in Florida – Explaining Commercial Litigation
The term “commercial” derives from “commerce,” which suggests this category of litigation encompasses disputes or issues that originated from trading activities, such as buying, selling, providing services, and other similar transactions.
In essence, commercial lawsuits focus on contracts and transactions. In Florida, the fundamental statute that governs legal action associated with commercial law is the Florida Uniform Commercial Code (UCC).
Florida UCC provides a standardized set of laws that regulates all financial contracts, governing any contract that involves the sales of goods/services, commercial leases, secured transactions, and commercial paper.
It is important to note that while common law establishes the basic requirements for contracts, the UCC imposes further requirements when a contract involves a topic encompassed by the law.
Commercial Litigation vs. Business Litigation in Florida – Explaining Business Litigation
On the other hand, business litigation focuses on a wide array of operational issues, as it is centered around the laws at the state and federal levels that govern the establishment and running of a business.
In Florida, the core statute that governs legal action associated with business law is the Florida Business Corporations Act.
Although most litigations under this statute tend to concern regulatory issues, the Act also covers disputes between the directors and shareholders of a company. In such a case, the litigation will also encompass the company’s bylaws, articles of incorporation, and other factors.
Additionally, business litigation encompasses subjects such as compliance with wage and hour regulations, employee compensations, insurance policies, employment issues (e.g., wrongful termination), environmental requirements, and workplace safety regulations.
Other subjects include compliance with state and federal tax law, as well as breaches in business contracts.
Commercial Litigation vs. Business Litigation in Florida – Why is it Crucial to Work with an Expert Attorney?
Although commercial litigation and business litigation both share some similarities, it is crucial to work with an expert attorney to assess your case before filing a lawsuit or taking any further action.
When choosing an attorney to hire, make sure to find someone who will protect your rights by employing precise strategies to win in court. But how is it possible? First, make sure to sit down with your lawyers to analyze your case in detail.
After completing this step, it is time to collect all necessary evidence to strengthen the case in court. Throughout the process, an expert attorney will help by:
- Assessing your case
- Tailoring an ideal strategy for each case
- Drafting any motions, pleadings, and documents in general
- Defending against the other party’s claims
- Conducting proper discovery of any relevant evidence
- Proceeding strategically during the settlement phase
- Preparing and handling all related paperwork
- Defending your case in court
- Appealing your case in court (if necessary)
Lastly, it is crucial noting that commercial and business litigation both are areas of law that tend to overlap each other, which extends the already existing complexities of a related lawsuit. Hence, make sure to choose a lawyer with extensive knowledge in both areas.
Commercial Litigation vs. Business Litigation in Florida – Work with Jurado and Farshchian, P.L.
Whether you want to file a lawsuit against a company or defend against a commercial/business lawsuit in court, waste no time with uncertainty. Contact Attorney Romy B. Jurado by calling (305) 921-0440 or emailing Romy@jflawfirm.com to schedule an initial consultation.