A Review of Complex Business Litigation (CBL)

Complex Business Litigation generally involves two or more businesses with considerable resources in a dispute over money or other property. The Law Office of Roberto Villasante specializes in Complex Business (or Commercial) Litigation, representing public and private companies in connection with contract disputes, business torts, and disputes involving the Uniform Commercial Code, business dissolutions, and other commercial and financial relationships.

 

Complex business litigation (CBL) cases typically involve a controversy that exceeds the amount of $150,000, exclusive of interest, cost and attorney’s fees. Cases where a breach of contract occurs between businesses, a partnership, shareholder, joint venture or other business arrangement are classified as CBL cases.

 

Other cases that are subject to CBL procedures involve an intentional act resulting a claim for intentional interference with a contractual business relationship, fraud, misrepresentation, and unfair competition; actions based on a statutory or common law violation where the breach arose out of a business dealing; actions asserting a claim arising under the UCC; actions involving the purchase or sale of the stock, assets or liabilities of a business; actions relating to a surety bond; actions arising from a franchisee/franchiser relationship and associated liabilities; actions under the Florida Deceptive and Unfair Trade Practices Act; actions under a state or other antitrust law.

 

In addition, cases involving a construction defect that is not based upon a claim of personal injury can be considered CBL, just as a shareholder derivative action or other action relating to director and officer liability or a corporate governance issue. An action relating to trade secrets or non-compete agreements, an action involving the dissolution of a business entity or an assignments for the benefit of creditors, and any actions involving securities or asserting a claim under a state or other securities law as classified as CBL cases in Florida.

 

While all these cases are subject to CBL procedures, there are some cases that are NOT categorized under this area of law. For example, matters involving occupational health or safety, environmental claims which does not involve the sale or disposition of a business or insurance coverage dispute; a matter in eminent domain; employment law cases; administrative agency, tax, zoning or other appeals; a matter required by statute or other law to be heard in some other Court or Court Division; residential foreclosure matters; tobacco litigation; business foreclosures; and Chinese drywall related cases do not fall under the CBL category.