International Business Litigation and Dispute Resolution

We vigorously represent clients based outside of the U.S. in disputes involving U.S. companies and individuals, and U.S. entities and individuals in disputes involving foreign companies conducting business in the U.S.

Our firm is well versed in international complex business litigation, and combines international experience in Europe and the United States, with litigation strategy, multilingual skills and understanding of foreign legal systems. We successfully address issues of significance in international litigation – jurisdiction of courts, service of process, admission of foreign evidence, and enforcement of judgements.  

The most common international business disputes revolve around contracts, intellectual property and business torts such as intentional interference with contract and defamation. Naturally, in an international business litigation, each party wants to be heard in the court of their home country, which leaves the other litigant fearing that a national court may favor the local party.

Resolution of international business disputes may be achieved through litigation and various forms of alternative dispute resolution, including arbitration.

Arbitration may be a preferable method of settling an international business dispute when done correctly because it is generally conducted in a country that is neutral vis-à-vis the parties. However, if the international dispute is headed toward litigation, we analyze the jurisdiction issues and get the case in the court that is most favorable to the client.

Breach of Contract and Commercial Transactions

We vigorously represent clients on a variety of contract and business disputes. 

Breach of contract claims arise when the business dispute is based on a contract. Disputes with clients, suppliers, business partners or managers can prevent the parties from carrying out the terms of the contract or agreement, resulting in lawsuits for breach of contract.

Contracts generally end when the parties to the contract have fulfilled their obligations as specified in the signed agreement. However, it is common for one of the parties to fail to perform one or more of their duties and obligations under the contract, either through action or inaction, resulting in a breach of contract.

A number of actions or inactions can constitute a breach. They may include without limitation, failure to performs within a specified time, failure to perform the obligations as described, failure to pay or interfering with other party’s ability to fulfill the agreement.  

Contract Interpretation

Aside from breach of contract claims, contract and business disputes may arise in different situations such as contract interpretation. In this context, the disagreements and disputes revolve around the interpretation of the language used in the agreement the parties signed.

Contract interpretation issues arise in a variety of business circumstances, including share purchase agreements, asset purchase agreements, partnership agreements, non-compete agreements, post-closing of a business sale or merger, and many more.

Business Torts

Fraud, Tortious Interference with Contract or Prospective Business Relations, Business Disparagement, Defamation, Fraud or Negligent Misrepresentation, Intellectual Property Infringement

We zealously represent business owners and enterprises when business interests have been harmed by the wrongful conduct of another.

Business tort claims arise when disputes are not based on an agreement but involve wrongdoing in the business relationship in a commercial context. In other words, business torts arise when for example, one party is interfering with another individual’s business. It could arise if a company is engaging in illegal or unethical business practices, spreading false statements, misappropriating confidential information, infringing on another’s intellectual property or engaging in intentional or negligent misrepresentations.  

Shareholder Derivative Lawsuits Asserting Breach of Fiduciary Duty Claims Against Corporations, Limited Liability Companies, Partnerships and their Directors, Officers and Managers

We assist shareholders in bringing a lawsuit on behalf of the corporation against third parties, commonly known as shareholder derivative lawsuits. Oftentimes, the third parties involved in the lawsuit are corporate insiders, directors or executive officers of the corporation.    

In addition, we assist in lawsuits involving partners or limited partners in a partnership, or business partners in limited liability companies and their outside management. Partnerships of any kind, whether in general partnerships, limited partnerships or limited liability companies, come with responsibilities and when one business partner fails to carry their share of the load, or acts self-interested, the possibility for litigation arises.   

Non-Compete Agreements

We assist with disputes concerning non-compete, non-disclose and non-circumvent agreements between employers and their former employees. The non-compete agreements are controversial in many states as courts do not desire to force someone out of employment or out of their profession, regardless of the terms of the agreement.

In Florida, the non-compete agreements are subject to Florida law and their enforceability is highly reliant on the individual circumstances of the parties to the agreement. A court might refuse to enforce the non-compete agreements for various reasons. Hiring a qualified, experienced attorney can help assist the individual or small business in forming, enforcing or settling a dispute arising as a result of a non-compete agreement.

Business Dissolutions and Business Formations

Dissolving a company is a complex and difficult process outlined by the laws of the state where the company is incorporated. We help protect your legal interests in a business dissolution to avoid disagreements in the process of winding up the business and liquidating the assets and develop an exit plan to shield the personal and professional assets.

Litigation may be avoided through well-drafted agreements, operating agreements, partnership agreements, bylaws or other agreements detailing expectations and duties, as well as the consequences of failing to comply with the expectations.

Business Ownership and Corporate Management Disputes

We actively advise private companies and family businesses experiencing corporate governance disputes, involving the company’s shareholders, board of directors and senior executives.

The privately held and family businesses have distinct legal and business needs, especially when a dispute arises because a minor dispute can be disruptive and lead to the dissolution of the business. We employ an array of options and strategies tailored to your business to address these pitfalls. We also place your business on the path to success. 

Malescu Law P.A. – Business & Corporate Lawyers