Breach of Fiduciary Duty Art of the Deal

We are well known as assertive, no-nonsense litigators with a resourceful and innovative approach to achieving results for our clients. 

Breach of Fiduciary Duty Attorneys in Fort Lauderdale

Knowledgeable Lawyers Serving Partnerships & Corporations

At our practice, we handle many commercial litigation matters, including complex business disputes. We understand that as a business owner, you want to protect yourself and your company. The skilled attorneys at Stok Kon + Braverman understand what it takes to safeguard your business and your assets.

How Complex Business Disputes Arise

Business disputes can occur when parties to a contract breach their obligations, when shareholders have disagreements, or in a number of other situations a company may face at any given time. When this type of conflict is referred to as complex, it usually means that it involves multiple parties or multiple venues.

Lawsuits involving multiple parties, whether individuals, entities, or a combination, are considered complex because any issue becomes considerably more challenging to unravel as the number of parties involved increases. For example, contractors, subcontractors, builders, and homeowners might all be involved in a disagreement over the same parcel of property. Officers, board members, and shareholders might all have a stake in a dispute over how to run a partnership or corporation. When so many interests and needs are involved, it is more complicated than when litigation simply pits two parties with opposing goals against each other.

Multiple venues refer to simultaneous litigation in more than one court. For example, a dispute in which different motions are filed in various jurisdictions, or across state and federal judicial systems, would be considered complex by an attorney. Even though motions may be filed in different locations, they could all involve the same core legal issue.

Complex disputes often arise in the context of whether one or more partners or corporate directors have violated their required fiduciary duties. Depending on the type of organization that they create and what the agreement establishing it says, people running a business have certain responsibilities to manage it in a way that makes it as successful as possible. This includes a duty of care, which requires partners or managers to act in good faith and a reasonably prudent manner. More commonly, however, disputes arise under the duty of loyalty, where personal financial interests may clash with the overriding responsibility to prioritize the success and profitability of the entity. An individual managing a partnership or corporation cannot exploit its resources for their own gain or fail to disclose a potential conflict of interest.

If you believe that someone running a business which you are involved with has violated a fiduciary duty, you may have the right to take legal action. In some instances, you would be suing not on your own behalf but on the behalf of the entity. These derivative lawsuits have specific preliminary procedural requirements, and a knowledgeable lawyer is essential to ensuring that your rights and those of your business are not waived.

Statute of Limitations

Every state has set its own time windows for filing certain lawsuits, known as the statute of limitations. Under Florida law, the civil statute of limitations for a fraud cause is four years. In a contracts case, the statute of limitations is five years for a written contract and four years for an oral contract. These are just a few examples of time frames within which legal action must be taken. The statute of limitations in your case will depend on its specific facts and the particular claims that you choose to allege. Filing within the statute of limitations is essential to having your case heard by a court.

Skilled Attorneys for Your Commercial Litigation Matter

If you need the services of experienced lawyers, you should consider enlisting Stok Kon + Braverman. Our top priority is to help our clients in an efficient and cost-effective way. Having solid legal representation committed to resolving your business disputes in a timely manner can make all the difference in your case.

To learn more, call us at (954) 874-8870 or contact us online for a consultation with an attorney. We will assess the merits of your case and inform you of all your legal rights and options so you can decide on your next steps with the information that you need.

Client Testimonials

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    - Former Client
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  • Bankruptcy Bar Association: Southern District of Florida
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