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Business Litigation

Business transactions, ownership structures, and operations can create complex practical and legal challenges. Facing those challenges often requires legal counsel with both business instinct and the ability to litigate aggressively if business negotiations fail. At AM&R, we have experience representing organizational clients, business owners, and individuals in a wide range of complex business disputes, including the following (among others):

  • Contract and Commercial Litigation
  • Corporate, Partnership, and Limited Liability Company Disputes
  • Breach of Fiduciary Duty Claims
  • Professional Liability Disputes
  • Fraud Litigation
  • Deceptive Trade Practice Claims
  • Unfair Competition Actions
  • Insurance Coverage Cases
  • Noncompete and Trade Secret Claims
  • Commercial Real Estate Litigation

Our broad experience enables us to provide detail-focused advice, big picture perspective, and aggressive litigation counsel in complex business disputes.

Business Litigation Experience

Although each case we handle is unique, and the results our lawyers have obtained were the product of many case-specific factors which may differ from your case, the following summarizes some of our lawyers’ prior experience and results:

Represented publicly registered alternative fuel company in defense of hostile takeover attempt by the company's largest unit holder. After the unit holder refused to close on a $30,000,000 agreement for the repurchase of his interest in the company, the unit holder attempted to take control of the board of directors and filed a variety of claims against the company, members of its board, and the company's management, including state and federal securities fraud claims, breach of fiduciary duty claims, claims to enjoin investor votes, and claims alleging certain proxy statements were misleading. See Retterath v. Homeland Energy Solutions, LLC et al, 2014 WL 7776705 (S.D. Iowa Dec. 24, 2014) (order dismissing unit holder’s federal securities fraud claims pursuant to the Private Securities Litigation Reform Act).

Defense of a Chicago-based international law firm in breach of fiduciary duty action where the plaintiff, the former CEO of an oil and gas company, sought over $1 billion in economic damages. The Court struck the former CEO’s claims as a sanction after a five day federal court trial and entered judgment against the former CEO. See Leor Exploration & Production, LLC v. Aguiar, 2010 WL 3782195 (S.D. Fla. Sept. 8, 2010). The CEO’s trial counsel included Harvard Law Professor Alan Dershowitz, a former U.S. Attorney for the Southern District of Florida, and several large international law firms.

Defended national consumer service provider against false advertising and deceptive trade practice claims asserted by its largest competitor. The competitor sought a permanent injunction and damages in excess of $21,000,000.00, alleging that certain sales personnel employed by companies which transact with our client had made misrepresentations to consumers across the country in order to take additional market share.

Trial counsel for seller in a stock purchase dispute resulting in an $867,854 damage award for seller (exclusive of attorneys’ fees and costs). See Petlev c. Monitor Outlet, Inc., Case No. 2007CA017348XXXXMBAG (Fla. 15th Jud. Cir. 2007).

Defended produce distributor in two consolidated federal lawsuits and related arbitration proceedings filed by multiple South American entities in connection with membership unit redemption disputes, exclusive distribution agreement litigations, and purported civil theft claims. Case was mutually dismissed following the court’s dismissal of the plaintiff’s civil theft claims, which sought damages in excess of $5,000,000. See Walinbay S.A. v. Fresh Results, LLC et al, 2014 WL 1259901 (S.D. Fla. Feb. 19, 2014).

Trial counsel for plaintiff in connection with fraud and quiet title claims relating to a classic racing vessel. Prior to trial, the court entered a favorable partial summary judgment order ruling that the Federal Preferred Ship Mortgage Act does not preempt the buyer in the ordinary course provisions of Florida’s Uniform Commercial Code. See Burnett v. Sullivan et al, 2012 WL 4226404 (S.D. Fla. Sept. 5, 2012).

Defended international New York-based law firm's Board of Directors against breach of partnership agreement, breach of fiduciary duty, and defamation claims asserted by five of the firm's former equity partners. Yueh-Mei Kim Nutter, P.A. et al v. Schober et al, 2011 WL 1474864 (S.D. Fla. Feb. 4, 2011).

Trial counsel international security company in a noncompete action against two former area managers resulting in a permanent injunction being entered against the former managers. The Court also awarded security company client approximately $240,000.00 in prevailing party attorneys’ fees and costs. Wackenhut Corp. v. Schira et al, Case No. 502008CA005466XXXXMB AA (Fla. 15th Jud. Cir. 2008).

Trial counsel for international video game and entertainment company in contract and property damage arbitration relating to the company's former headquarters in Los Angeles, California. Sega Entertainment U.S.A, Inc. v. TWS Realty, Inc., AAA Case No. 50 115 00463 11 (Calif. 2011).

Represented medical technical training school in action against one of the nations’ largest insurance agencies alleging that the agency failed to procure proper business interruption coverage. After the court entered a partial summary judgment order determining the agency was liable for at least $1,000,000 in damages, the parties settled the remaining compensatory and punitive damage claims prior to trial.

Related Presentations and Publications

  • Network of Trial Law Firms, Co-Author, "Areas of Ethical Morass for In House Counsel," August 2011
  • ALI-ABA Continuing Education Seminar, Co-Presenter, "What You Say About Your Clients Can Come Back to Haunt You: Internal Firm Communications and the Limits of Attorney-Client Privilege," July 2011
  • Continuing Legal Education Seminar, Circuit Judge Panel Moderator, "2011 View from the Bench - What You Always Wanted to Know But Were Too Afraid to Ask,” May 2011
  • American Intellectual Property Law Association Mid-Winter Conference, Speaker, "Managing the Risks of Law Firm Social Networking," February 2011
The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Please note that each case is unique, and the result obtained in one case should not be relied upon as an indication of what the result will be in another. This website is for general informational purposes only and nothing contained herein should be construed as legal advice of any kind.