Business Claims

Breach of contract lawsuits are a common type of business claim.  

1. Defamation (Libel and Slander)

• Definition: False statements that damage a person or business’s reputation.
  • Libel: Written or published defamation.
  • Slander: Spoken defamation.
• Business context: Can involve false statements about a company's products, leadership, or operations. For example, a competitor spreading lies that a company is under federal investigation.
• Key elements:
  • A false statement of fact
  • Published to a third party
  • Harm to reputation
  • (If a public figure/business) Actual malice or reckless disregard for the truth

2. Tortious Interference with Contract or Business Relationship

• Definition: Wrongfully interfering with the contractual or business relationships of another.
• Example: Persuading a supplier to breach an exclusive contract with a competitor.
• Key elements:
  • A valid contract or business relationship
  • Knowledge of that relationship
  • Intentional interference
  • Damages resulting from the interference

3. Fraud (Fraudulent Misrepresentation)

• Definition: Knowingly making false statements to induce someone into a contract or agreement.
• Example: Lying about a business’s financial condition during a merger negotiation.
• Key elements:
  • A false representation of a material fact
  • Knowledge that it is false
  • Intent to induce reliance
  • Justifiable reliance
  • Damages resulting from the reliance

4. Trade Libel / Commercial Disparagement

• Definition: Publishing false and damaging statements about a company’s products or services (similar to defamation, but focused on goods/services).
• Example: Falsely claiming a competitor’s product is defective or unsafe

5. Unfair Competition

• Definition: Deceptive or wrongful business practices meant to mislead consumers or sabotage competitors.
• Examples:
  • Passing off goods as those of another
  • False advertising
  • Misappropriation of trade secrets

6. Misappropriation of Trade Secrets

• Definition: Acquiring or disclosing confidential business information without authorization.
• Example: A former employee using stolen customer lists or proprietary formulas at a new job.

7. Breach of Fiduciary Duty

• Definition: When a party in a position of trust (like a director or partner) acts in a self-interested way at the expense of the business or others they owe duties to.
• Example: A corporate officer diverting business opportunities for personal gain.

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Most firms handle such claims by charging an hourly rate.  Business litigation cases can result in hundreds of hours being billed and years of litigation.

StrubleCohen’s trial abilities allow it to handle such claims on a contingency fee basis.  This provides multiple advantages to a business and claimant.  First, if the claimant does not prevail, no fees or costs are owed to StrubleCohen Second, the claimant may avoid what can be years of litigation fueled by events that are not necessary to try the case and result in substantial bills for attorney’s fees.

There are 109,000 lawyers in the State of Florida and Matthew Struble is 1 of only 7 that are Board Certified in both Civil Trial and Appellate Practice.  StrubleCohen has the ability to handle business dispute cases on a contingency fee basis and push the matter to trial as quickly as possible, opposing delay attempts such as motions for continuances.  This provides a claimant with an opportunity to recover damages at the first available trial period and avoid additional years of litigation and attorney bills. StrubleCohen's extensive trials experience allows it to avoid unnecessary discovery and depositions, focus on only the important facts, and get the case to a jury as quickly as possible.

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