Tampa Business Litigation - Federal Lawyer
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Tampa Business Litigation

Dr. Nick Oberheiden
Attorney Nick Oberheiden
Tampa Business Litigation Team Leadenvelope iconContact Nick
Tampa address – by appointment only:
400 North Ashley Drive Suite 1900
Tampa, FL 33602

Business owners and other stakeholders frequently find themselves in precarious situations that carry the risk of substantial legal liability in Tampa, Florida. Understanding what the risks are, what the potential benefits could be, and the likelihood of a positive or a negative outcome are crucial for decision makers. Without that information, there is no way that they can make an informed decision about how to proceed.

The business litigation lawyers at Oberheiden P.C. have guided numerous corporate executives and other business owners and officers through difficult situations, helping them pursue lucrative opportunities while still insulating themselves from legal liability.

Oberheiden P.C. Handles a Variety of Business Litigation Areas in Tampa

Business litigation is a notoriously broad practice area. It encompasses everything from contract law to unfair trade practices to employment law and intellectual property. Having a legal team that is familiar with all of these areas of the law is essential if you want to insulate your company from liability without undermining its ability to produce revenue.

Oberheiden P.C. is a national law firm with numerous lawyers who can help in the following legal issues and others like them.

Business Fraud and Unfair Trade Practices

Consumers and even business competitors have increasingly turned to the courts to enforce unfair trade practice laws and other consumer protection laws. Many of these allege some form of business fraud on the part of the company or one of its officers or executives.

Even if these claims are groundless, they have a tendency to get played up in the media. It is not uncommon for corporations to find themselves facing public ire for overblown or simply false allegations. Protecting your company’s assets, it business brand and reputation, and fighting back against the claimant appropriately can be a very delicate endeavor that requires prior experience handling similar cases elsewhere in the Tampa area.

Contracts and Breach of Contract

All businesses rely heavily on contracts. These legally binding agreements create mutual rights and obligations between the parties and can cover everything from the company’s workforce to its vendors and commercial leases.

The negotiation process for these contracts can make the difference between one that benefits the company or hurts it. Fully understanding your rights and obligations requires an in-depth understanding of Florida contract law. That legal acumen is even more important in the event of a dispute or alleged breach of contract. Having an effective advocate on your side throughout this process can drastically improve the odds of a successful outcome in your case.

Employment Law

Even many small businesses have employees to handle the daily tasks of running the business and keeping revenue flowing in. However, while every employee should have a role to play in increasing the company’s profits, each one is also a risk to the company as a potential source of liability by, for example:

  • Negligently hurting someone while on the job
  • Divulging the company’s trade secrets
  • Violating the terms of their employment contract
  • Harming the company’s reputation with their conduct, either while on the job or during their free time
  • Leaving the company in order to work for a competitor

Each of these employment disputes can expose the company to vastly different risks and outcomes. Keeping them under control can take the legal help of an experienced business litigation lawyer.

Intellectual Property

Companies accumulate lots of non-physical, intellectual property. These include things like:

  • Patents
  • Copyrights
  • Trademarks
  • Client and vendor lists
  • Other trade secrets

Infringements or outright violations of these pieces of intellectual property can seriously harm the company, often by hurting its reputation or diluting its potency. Invoking your company’s rights can mitigate the damage and keep it from spiraling out of control.

Shareholder Disputes

Some of the most serious business litigation issues come from within the company’s own stakeholders. Disputes between shareholders, corporate officers, partners, and other executives can be debilitating and can split the company into numerous factions that imperil its survival. In many cases, particularly shareholder derivative lawsuits, these disputes are triggered by parties that clearly do not have the company’s interests or future at heart.

Resolving these sensitive issues can be extremely difficult.

The Many Practical Issues in Business Litigation Situations

The wide variety of practice areas within the field of business litigation is not the only thing that can make these disputes problematic. There are also numerous practical issues that can become a threat to your business’ well-being.

For example, most legal actions against a corporation that get past the preliminary stages of the dispute process will trigger discovery. This is when the company will be legally obligated to disclose documentation that is related to the dispute. It is not uncommon for the materials that are subject to disclosure to be problematic in some way, whether they raise suspicions of other forms of wrongdoing or reveal sensitive business information or even pieces of the company’s most closely-held trade secrets. Avoiding this outcome may be even more important for the company than raising an effective defense against the underlying claim.

Similarly, the negative publicity that the allegations can create can be more devastating to the company’s long-term health than the actual claim being made.

These and other practical issues of business litigation defense are extremely important to consider when formulating a defense strategy.

Several FAQs About Business Litigation in Tampa, Florida, and the Services that Oberheiden P.C. Can Provide

Does Business Litigation Become a Public Record?

If you take your business litigation case far enough into the court process, the evidence produced in the case can become a matter of public record. While it is possible to keep some of it sealed, judges often refuse to do so if there is not a good reason for it – unless it is a trade secret or something extremely sensitive or confidential, there is a good chance that it will reach the public eye.

This potential outcome needs to be at the front of your defense team’s mind as they plan their defense strategy, and is just one of the many reasons why defending against business litigation claims can be so tricky.

Will My Business Have to Go Through Mediation or Arbitration?

Business litigation is frequently handled by mediation or arbitration. In many cases, it must go through one of these alternative dispute resolution (ADR) processes before the case can be brought to court: If there is a binding contract involved – and there often is, in business litigation – and a provision of that contract mandates mediation or arbitration, that provision controls.

Mediation or arbitration should not be looked at as a trivial preliminary stage to full-blown litigation in the courtroom, though. Typically, the outcome of mediation or arbitration is far more difficult to overturn in court than it is to enforce in court. Coming out on top during these ADR hearings gives you and your company a huge advantage, should the other side insist on continuing their dispute in a more formal setting.

What are the Potential Outcomes of Business Litigation?

It really depends on the specific allegations that have led to the litigation. Generally, though, plaintiffs will seek monetary damages as compensation for the ways that they claim you and your business have wronged them. They may also claim special damages, also known as consequential damages, as compensation for the losses that they sustained down the road because of your alleged shortcomings on a contract.

It is also not uncommon for business litigation plaintiffs to demand attorneys’ fees, court costs, punitive damages, and a broad injunction to prevent your business from acting improperly in the future.

You should keep in mind that the initial demand for compensation is a wish list for the plaintiffs behind the claim. As litigation progresses, more reasonable outcomes will get discussed.

What Makes Oberheiden P.C. Different from Other Tampa Business Firms?

Oberheiden P.C. is one of the only law firms that does not use the typical law firm hierarchy.

Most firms only have a couple of very experienced partners and senior associates. Their job is to bring clients in to the firm and then supervise the work that the numerous junior associates and paralegals perform for those clients.

Oberheiden P.C. is different. We think that the lawyers whose skills and background brought you to our firm should be the ones who actually perform the work on your case. That is why we only employ senior-level associates who have copious amounts of experience handling all sorts of business litigation issues. Those senior lawyers cannot delegate the work on your case to less experienced legal professionals because we do not have any junior associates, paralegals, or even legal secretaries.

Why Doesn’t Oberheiden P.C. Call Itself the Best Business Litigation Law Firm?

Because we think that our prior clients’ testimonials say that sort of thing with far more impact than we ever could.

Oberheiden P.C. is Not Your Typical Business Litigation Firm in Tampa, Florida

Business litigation is complex, multifaceted, and filled with both legal and financial ramifications and interests. Succeeding in these complicated scenarios takes a law firm that understands the business implications of what they are doing, not just the legal side of the issue.

Oberheiden P.C. is a national law firm with a presence in and around Tampa, Florida. All of our lawyers have extensive experience handling business matters, including those that are bound for litigation as well as those situations where avoiding the courtroom is the goal. This background has given us valuable insight into what the potential benefits and drawbacks will be for your particular case, letting you see the risks of going further so that you can make an informed decision about your company’s future.

Contact Oberheiden P.C. online or call our national intake number at (888) 680-1745.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Email Us 888-680-1745
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