Florida Litigation Attorney | Silver, Garvett & Henkel

Business Litigation

Business litigation may be defined broadly as the use of the court system or Alternative Dispute Resolution (“ADR”) proceedings such as arbitration to resolve disputes between businesses or involving business matters. The field is as broad as is business itself. Representation of clients in business litigation matters both at the trial and appellate court levels in the Florida State and Federal courts and in ADR has been a primary focus of Silver, Garvett & Henkel since the firm’s inception. Tim Henkel is head of the firm’s business litigation practice.

It is impossible to list all of the different types of business litigation, both general and complex, that the firm has handled over the last approximately 20 years. But, the following are representative types of cases that Silver, Garvett & Henkel is well equipped to handle on behalf of their clients:

• Disputes arising out of Contracts — claims for breach of contract, specific performance, recission, tortious interference with contractual relationships, breach of warranty, indemnification, and various theories of contracts implied at law and in equity including quantum meruit and unjust enrichment.

• Negligence — claims involving professional malpractice, negligent misrepresentation, and negligent destruction of evidence.

• Fraud — all manner of fraud-related claims including constructive fraud, fraudulent misrepresentation, and fraudulent inducement.

• Class Actions — certifications of class actions in both State and Federal Court and defense against certification claims.

• Unfair Competition or Trade Practices — violation of Federal and common law unfair competition laws, theft of trade secrets, tortious interference with advantageous business relationships, defamation; and violations of Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”).

• Corporate and Business Divorces — claims between co-owners of businesses including disputes between majority and minority owners and partners; general corporate litigation such as request for corporate information and documents, special litigation committees, derivative lawsuits; and conflicts in closely-held businesses.

• Insurance Disputes — claims by an insured for coverage under different types of insurance policies including Comprehensive General Liability (“CGL”) and property insurance.

• Abuse of Trust — claims involving a fiduciary’s breach of its duties and claims for constructive trusts and accountings.

• Lender Liability — claims against financial institutions by borrowers and others arising out of lending and other credit relationships.

• Collections — enforcement of promissory notes and security agreements; collection of accounts receivable and money loaned; claims for account stated and open account; and collection of worthless checks.

• Misappropriation of Property — claims for Civil RICO, violations of Florida’s civil theft statute, and conversion.

• Employment-related Disputes — as is more fully discussed in the firm’s description of that field of practice, all manner of employment-related claims and defenses arising of employment contracts or an employment relationship.

• Real Estate and Construction Litigation — as is more fully discussed in the firm’s description of that field of practice, the claims and defenses that arise out of the development, use, construction on, and ownership of real property.

• Judgment Collections and Asset Protection Planning — as is more fully discussed in the firm’s description of that field of practice, representation of both debtors and creditors in the collection of arbitration awards and judgments, as well as counseling in the field of wealth preservation through asset protection planning.

• Intellectual Property Law Litigation — as is more fully described in the firm’s description of that field of practice, the claims and defenses that arise out of business disputes involving infringement of copyrights, patents, and trademarks; trademark dilution; unfair competition; and matters involving licensing, ownership, or royalty disputes.