The attorneys at Garrity Traina represent clients in complex commercial litigation matters, with extensive experience in state and federal court, mediation, and arbitrations. We regularly represent a wide range of businesses pursuing or defending claims, as well as condominium owners at odds with their association. Below are our prominent areas of expertise in business and corporate law.
Shareholder Derivative Actions
Even as a shareholder of small minority of shares in a company, you have rights. The majority shareholders and board of directors of the company owe duties to you to protect your interests as a shareholder under Florida law. If these individuals are engaging in misconduct which has caused harm to the company, including possibly failing to take required actions, you may have legal recourse through a shareholder derivative action. A shareholder derivative action allows a shareholder to recover damages on the corporation’s behalf by redressing corporate wrongdoings caused by the majority shareholders or board members. Our attorneys have successfully pursued shareholder derivative actions involving companies large and small. We encourage you to contact us today to discuss your legal rights.
If someone intentionally and unjustifiably damaged you or your business by meddling with your business relationship, you may have legal recourse in the form of an action for tortious interference. Our attorneys have successfully recovered for clients who have been damaged as a result of this unfortunate scenario.
“All men can see these tactics by which I conquer, but what none can see is the strategy out of which victory is evolved.”Sun Tzu
Regardless of the complexity of the situation and the number of parties involved our attorneys have the skills and experience to assist you in pursuit of your breach of contract claims or defenses. These claims can arise from a franchise agreement, condominium declaration, partnership agreement, or any other agreement to which you may be a party.
Breach of Fiduciary Duty
A fiduciary relationship arises when someone is entrusted to act in another’s best interest. A special reliance, confidence, and trust—but also responsibility—is bestowed upon the fiduciary in such a relationship. Fiduciaries may include corporate directors, board members, trustees, and others whose position requires them to act in another’s best interest. If a person acting as a fiduciary harms those who have given their trust by failing to exercise discretion and care, the fiduciary may have breached their duty and be liable for damages. We have substantial experience and success in bringing these claims and can discuss your potential claim for breach of fiduciary duty.
Fraud in the Inducement/Fraudulent Misrepresentation
To convince people to agree to terms they otherwise would reject, some would say anything. However, when the truth is later revealed, often the damage is done. If you have found yourself in an agreement due to another’s false information or glaring omission, you may have a claim for fraud. We have successfully represented clients who have been damaged due to their reliance on a false representation, and are here to counsel you.
Unfair and Deceptive Trade Practices
State and federal laws exist to guard consumers against unfair methods of competition and deceptive, unfair and unconscionable trade practices. These laws often have bearing on business relationships where a party has gained an advantage over another by employing false or fraudulent information. Our attorneys are experienced pursuing claims under these laws, both individually and on a class action basis, and recovering for clients who have found themselves in this position.
Whether you are looking to create or enforce an agreement not to compete, or you feel someone is wrongly enforcing one against you, we have the experience you need. Our attorneys’ strong backgrounds in intellectual property and franchise law enables Garrity Traina, PLLC, to handle matters concerning non-competition agreements arising from a myriad of business relationships. Contact our firm today to discuss protection of your business.