Lawsuits are our society’s mechanism for resolving disputes between businesses that they are unable to resolve on their own. But, the reality is that they take a good deal of time and money. Fortunately, David Steinfeld, owner of the Law Office of David Steinfeld in Palm Beach Gardens is a Board Certified expert in business lawsuits with more than twenty years of experience.
Mr. Steinfeld is one of just about 250 of the more than 100,000 lawyers licensed in Florida that has been qualified by the Florida Bar as a Board Certified expert in business litigation. He has even chaired that Committee for the Florida Bar at the behest of its President and written large parts of the certification exam. He has also been recognized for several consecutive years as one of the Best Lawyers in America by U.S. News and World Report, a Florida Super Lawyer, and one of Florida’s Legal Elite among other well-regarded awards and recognitions that are identified on the Firm’s website at www.ThePalmBeachBusinessLawyer.com. But, because lawsuits are only one mechanism to resolve business disputes, the benefit of consulting with Mr. Steinfeld is to discuss and identify the objectives and resources of the business or people involved and to assess all alternatives that may achieve those goals with the resources available to them.
Critical to the prosecution or defense of any business lawsuit is the structuring and framing of the action. Almost akin to constructing a house or building, a lawsuit, counterclaims, and defenses must be carefully considered and planned before their implementation. This is where experience matters. As a former U.S. Army Officer in both the intelligence community and practicing law in the Judge Advocate General’s Corps, attorney David Steinfeld has a unique tactical approach to business lawsuits that optimize the opportunity for success in that venue for any business. So as astronaut Gordo Cooper was famous for saying, who’s the best lawyer (he really said pilot) I ever saw? . . . well, you’re lookin’ at em’.
While trademarks and service marks are one method by which a business can add value to and protect its brand, non-compete agreements, non-solicitation agreements, and non-disclosures are also mechanisms by which a business can place itself in a position to more easily enforce its rights and protect itself. However, there are certain legal restrictions that apply to some of those documents leading one to the recommendation of “don’t try this at home”. Business owners that elect to create their own contracts or download these documents from an unknown source and opt not to invest in expert business law advice, such as that from Florida Bar Board Certified business litigation lawyer David Steinfeld of the Law Office of David Steinfeld, usually create a bigger and more expensive problem for the business later.
A business that relies on its self-created documents can, for years, believe that it is protected by such defective documents only to find out when it tries to enforce them that the business is unprotected, has exposed its proprietary and confidential business information, and created its own competition that can damage or destroy the business. After spending years and significant sums to grow a business, one of the worst imaginable issues that the owner or owners can face is learning that they are helpless to fight off an attack from a former employee or new competitor who has absconded with what the business owner thought was protected proprietary business information.
Thus, sophisticated business owners invest the time and money to consult with Florida law business experts like David Steinfeld to understand the options available to them and to be able to make informed decisions on those points, which avoids more costly future disputes ever time.
In Florida, there is a distinct difference in the manner in which residential and commercial real estate transactions are handled. In 1985, the Florida Supreme Court decreed that buyer beware does not apply to residential transactions and sellers must disclose known material facts that are unobservable to a buyer. This mandate is now included in all standard FarBar real estate contracts and most brokerage firms also require buyers to complete a separate seller’s disclosure form.
When a buyer believes that a seller has failed to disclose a material defect usually the discovery of the situation occurs shortly after closing. Therefore, it is important to consult with an experienced and expert litigation attorney like David Steinfeld, who has tried these types of cases to verdict before juries and judges to determine the next and best course of action for your unique situation. While a lawsuit may be one option to resolve the situation, it is not the only option available. Lawsuits in general are expensive and time-consuming, but these types of lawsuits in particular often require a significant number of depositions and, therefore, can become very expensive and very time-consuming. Therefore, it is prudent to carefully examine all of the options available together with David Steinfeld in order to make informed decisions in response to the unfortunate situation.
Although the seller of a home in Florida is obligated to disclose material defects that they actually know of, sometimes sellers do not make such disclosures either as a result of a lack of knowledge or intentionally. As the saying goes, sometimes the best defense is a good offense, which when translated into residential real estate transactions mitigates in favor of retaining qualified inspectors to thoroughly assess the property. The Law Office of David Steinfeld has utilized a number of such inspectors as expert witnesses in lawsuits concerning disclosures and can guide and recommend clients to these professionals as part of guiding and assisting either a buyer or seller in such real estate transactions.
The Palm Beach Business Lawyer Blog