Any individual or business faces potential disputes. When disputes rise to the level of litigation, having aggressive legal representation increases the chances of achieving a positive outcome. At Gueronniere P.A., we represent business clients throughout Florida in all types of civil litigation.
We often recommend alternative methods for resolving disputes, such as negotiation, mediation, or settlement, to avoid protracted, costly legal battles; however, we prepare each case for trial to give us leverage at the bargaining table or in the courtroom. Contact our office today to discuss your case with a seasoned civil litigation attorney.
Representing Florida Businesses in Civil Litigation
Whether you are the plaintiff or defendant, we will explore your options and choose the best course of action. We have extensive experience prosecuting, defending, and negotiating cases involving:
- Breach of contract and unjust enrichment
- Complex commercial and business litigation
- Emergency relief and injunctions
- Executive contract litigation
- Fraud and misrepresentation
- Partnership and fiduciary disputes; and
- Non-compete and non-solicitation agreements
We represent small and midsize businesses, closely held corporations, officers, directors, shareholders, partners, and sole proprietors. Our practice encompasses disputes involving the Uniform Commercial Code, contracts, business dissolutions, leveraged buyouts, and other financial arrangements.
What Is Civil Litigation Exactly?
Unlike a criminal proceeding, civil litigation involves claims between business counterparties seeking monetary damages or specific performance – a court order requiring the defendant to take action, such as providing services under a contract, rather than paying financial damages.
At Gueronniere, P.A., we regularly guide clients through all phases of civil litigation, including:
- Pretrial negotiation
- Investigation
- Pleadings
- Discovery
- Pretrial proceedings
- Potential settlement
- Trial
- Appeal
We have extensive experience conducting e-discovery to recover electronic communications (e.g. emails, texts, voice messages, audio and video files, social media profiles, databases, digital images, and website content) and utilize discovery materials to make strong presentations during depositions and at trial.
While we prefer to resolve disputes quickly and amicably, our trial-ready preparedness gives us an advantage in settlement negotiations. When litigation becomes necessary, we work to present convincing evidence and make compelling arguments. If the outcome is unfavorable, we will determine whether there is a legal basis for an appeal.
Available Remedies and Damages in Civil Litigation
At Gueronniere, P.A., we collaborate with valuation experts, financial professionals, and industry specialists to conduct comprehensive damages assessments. Depending on the circumstances, the following damages and remedies may be available:
- Compensatory or economic damages to recover financial losses resulting from a breach or tort, such as lost profits, royalties, and loss of market value
- Consequential and incidental damages such as loss of use, restitution, and loss of goodwill
- Liquidated damages or monetary damages as long as such damages are agreed to and stipulated in the contract
- Punitive damages to punish the defendant’s illegal or egregious conduct and to deter others from engaging in similar misconduct
- Attorney fees and costs if a contract provides for them
- Rescission to cancel a contract and release both parties from further performance
- Reformation or a modification of contract terms to reflect the parties’ original intent
- Specific performance requiring a breaching party to perform its obligations, for example, providing goods or services, when monetary compensation is not feasible
- Injunctive relief, such as a temporary restraining order (TRO) or temporary or permanent injunctions, in addition to or rather than awarding monetary damages
You can depend on our experienced Florida civil litigation attorney to work strategically to pursue damages that account for all your present and future losses.
Businesses Should Consider Alternative Dispute Resolution
Because civil litigation can be lengthy and costly, we encourage clients to pursue alternative forms of dispute resolution, including mediation and arbitration:
- Mediation involves a neutral third party (the mediator) who works to guide the parties to a negotiated settlement but does not provide legal advice. All parties must negotiate in good faith for mediation to be successful. Mediation is non-binding, so an unresolved dispute must go to trial.
- Arbitration involves an arbitrator (or a panel of arbitrators) who conducts a hearing during which both parties present evidence and call witnesses. The arbitrator’s decision may be binding, and the parties waive their right to take further legal action.
The Gueronniere, P.A. Difference
Because disputes can disrupt business operations and drain profits, we work to find solutions through pre-trial settlements. Before clients even see a courtroom, we counsel them on how to minimize the risk of disputes by:
- Establishing company policies and procedures
- Negotiating and preparing well-conceived agreements
- Obtaining releases and waivers of liability from vendors, clients, and customers
At Gueronniere, P.A., we work to assess the risk of business disputes and can help you avoid costly civil and commercial litigation. At the same time, we will work strategically to protect your interests and bottom line when litigation becomes necessary,
Contact Our Experienced Wellington, Florida Civil Litigation Attorney
Working with an experienced civil litigation attorney is a wise choice if you or your business is facing a dispute. Contact us today so we can start preparing your case.