Business Law

Sarasota Business Litigation and Business Law Attorneys

Cole & Cole Law, P.A. is a Sarasota law firm that represents businesses and business owners in disputes and in the everyday legal work of running a company. Our attorneys bring nearly 70 years of combined experience in commercial litigation, bankruptcy and creditors’ rights to companies in Sarasota, Bradenton, Venice and throughout Southwest Florida.

Business litigation

Most of our business work is litigation. We try cases, and we handle them in Florida state court, in federal court, and in bankruptcy court, along with the appeals that follow. Matters we regularly handle include:

• Breach of contract claims and defense
• Partnership, shareholder and LLC member disputes, including dissolution, deadlock, buyouts and derivative claims
• Business torts, including fraud in the inducement, tortious interference, civil theft, conversion and misappropriation of trade secrets
• Non-compete and restrictive covenant litigation, including injunction proceedings
• Commercial collections, guaranty enforcement and post-judgment execution and discovery
• Commercial lease and landlord-tenant disputes, evictions and ejectments
• Replevin, foreclosure of security interests and secured-party remedies
• Construction, vendor and supplier disputes
• Receiverships and assignments for the benefit of creditors
• Creditor and debtor representation in Chapter 7 and Chapter 11 bankruptcy cases and adversary proceedings, including preference and fraudulent transfer claims
• Appeals in Florida’s district courts of appeal and in the federal courts

Business transactions and counseling

Litigation is expensive, and the cheapest case is the one that never gets filed. We also handle the transactional side of business law with an eye toward the disputes we see in court:

• Choice of entity and formation of Florida corporations, limited liability companies and partnerships
• Operating agreements, shareholder agreements, bylaws and buy-sell agreements
• Contract drafting, review and negotiation, including vendor, supplier, service and employment agreements
• Asset and stock purchase agreements and business sales
• Promissory notes, guaranties, security agreements and UCC filings
• Commercial leases
• Independent contractor and confidentiality agreements
• Business succession planning, coordinated with the owners’ estate plans
• Workouts, forbearance agreements and out-of-court restructuring

Why businesses hire this firm

Richard J. Cole, III is Board Certified in Consumer Bankruptcy Law by the American Board of Certification, and both of our attorneys are Martindale-Hubbell® AV Preeminent peer review rated. That insolvency background matters in ordinary business disputes for a practical reason: it tells us early whether the party on the other side can actually pay, what happens to our client’s claim if that party files bankruptcy, and how to structure a settlement that survives one. We evaluate collectability at the outset rather than after a judgment.

Frequently asked questions about Florida business disputes

What is the statute of limitations on a breach of contract claim in Florida?

An action on a written contract generally must be brought within five years, and an action on an oral contract generally within four years. Other claims, such as fraud, follow different periods. Because the date a claim accrues is often disputed, get advice before assuming a deadline has passed.

Are non-compete agreements enforceable in Florida?

Yes, within limits. Florida law permits reasonable restrictive covenants that protect a legitimate business interest, and the agreement must be in writing and signed. Courts examine the duration, the geographic scope and the interest being protected, and they can modify an overbroad restriction rather than void it outright.

Can I sue a business partner who is taking money from the company?

Often, yes. Depending on the entity and the facts, the claims may include breach of fiduciary duty, breach of the operating or shareholder agreement, conversion, civil theft and an accounting, and a derivative action may be required. Emergency relief such as an injunction or the appointment of a receiver is sometimes available.

Is it worth suing if the other side may be judgment proof?

That is exactly the question to answer before filing. We assess assets, exemptions, liens and insurance coverage first, and we will tell you candidly when a lawsuit is unlikely to produce a recovery.

Do you handle cases outside Sarasota County?

Yes. We appear in Manatee, Charlotte and DeSoto Counties, in the Middle, Southern and Northern Districts of Florida, and in the Eleventh Circuit Court of Appeals.

Talk to a Sarasota business litigation attorney

If your company is in a dispute, has been served with a lawsuit, needs to collect on a judgment or a guaranty, or needs its agreements put in order, call Cole & Cole Law, P.A. in Sarasota at (941) 365-4055.

The information on this page is general in nature, is not legal advice, and does not create an attorney-client relationship. Results depend on the specific facts of each matter.