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The Essentials of Commercial Litigation in Miami> Miami, FL Commercial Litigation vs. Civil Litigation: Key Differences> Common Types of Commercial Litigation Cases in Miami, Florida>

Miami Business Litigation Lawyer

The world of business naturally involves disputes. These can include disputes between partners, claims of intellectual property theft, employment disputes, and numerous others.

That’s why commercial litigation attorneys in Miami, FL play such an important role in the legal system. They understand how to resolve these disputes properly. Of course, because the factors in play during a business litigation case can significantly impact a business’ future, when hiring an attorney, choosing someone with the proper expertise is critical. The outcome of commercial litigation can have substantial consequences that remain felt for years. Choosing the right Miami business litigation lawyer is key to ensuring those consequences are positive.

Are you looking for a trustworthy, competent, and effective commercial litigation law firm in Miami, FL? If so, consider Elstein Legal. Miami commercial litigation attorney Brian L. Elstein has both the professional experience and personal traits necessary to maximize your odds of achieving the desired outcome in your business litigation case.

The Essentials of Commercial Litigation in Miami

Commercial litigation is a fairly broad term that can apply to cases involving a wide range of potential disputes. These may include breach of contract cases, cases involving shareholder disputes, and much more. Thus, when you’re looking for a business litigation lawyer in Miami, it’s a good idea to seek out someone who has experience as counsel in the business world.

An Experienced Miami Business Litigation Attorney is Key

That’s essential. While the specific nature of these cases varies based on the specific nature of a given dispute, they do share one common trait: the need for an experienced and qualified commercial litigation lawyer. Your best bet of securing a favorable outcome is to hire the type of commercial litigation law firm in Miami, FL run by an attorney who understands the nuances of business litigation. That attorney also needs to be able to help you understand what may be a complex strategy, all while keeping your goals in mind.

For instance, some Miami commercial litigation cases should be tried in court in order to achieve the best outcome. That said, there are also times when it may be more financially prudent to settle out of court. You want to be certain you’re working with an honest and effective commercial litigation attorney who will propose and explain the right strategy without dismissing your own thoughts about how the case should proceed.

That’s the type of Miami business litigation lawyer you’ll have working for you should you choose Elstein Legal for representation. Personal Injury Attorney Brian Elstein will make sure you understand how he’s approaching the case, what your options are, and what he’s doing to ensure your strategy aligns with your preferred goals. 

Adjusting the Legal Argument for Context

Keep in mind that commercial litigation can involve various individuals, audiences, and venues. That’s why it’s not enough to hire a Miami, Florida business litigation attorney who has a thorough understanding of the applicable legal principles. Yes, that degree of experience is certainly important, but it’s also crucial that your lawyer be able to understand how to most effectively present a case to the different types of audiences that may be involved. For instance, a commercial litigation argument that’s effective in a state court setting might not necessarily yield the same outcome in administrative hearings. Your commercial litigation attorney in Miami might need to adjust their approach depending on the audience and setting.

Our Miami, FL commercial litigation law firm is more than capable of doing so. Because here at Elstein Legal, we have experience not only as successful litigators across various subsets of the law, but also as general counsel for a FinTech company. So, you can be confident we are the type of Miami business litigation attorney who knows how to properly modify their approach to a case depending on factors that can vary significantly from one case to another. Our wide-ranging professional experience is proof of our versatility.

The Background of a Premiere Business Litigation Lawyer in Miami

Before pursuing his Juris Doctor degree, Brian L. Elstein also earned a Bachelor of Science in Psychology from the University of Central Florida. This provided him with a strong foundation for serving as a Miami commercial litigation attorney. His understanding of human psychology helps him understand how one argument style may be more effective than another when presenting a case to any given individual (or individuals). An understanding of psychology also ensures attorney Elstein has an understanding of human motivations, which is often critical in Miami commercial litigation cases.

Miami, FL Commercial Litigation vs. Civil Litigation: Key Differences

Understanding essential differences between traditional civil litigation and commercial litigation will help you better appreciate the importance of hiring a Miami, Florida commercial litigation attorney with specific experience in this area of the law. Key differences include:


Although it’s always Brian L. Elstein’s goal to work as efficiently as possible for his clients (without sacrificing an ideal outcome in favor of haste), the very nature of commercial litigation can result in cases being drawn out for years. Thus, it’s important to hire a Miami business litigation attorney who has the patience and dedication necessary to see cases through to their conclusions, even when doing so requires working on them for much longer than they might work on civil litigation cases.

Coordination with Experts

Any type of litigation can require coordinating with outside experts to some degree. That said, commercial litigation typically requires this to a much greater degree than civil litigation. You need to enlist the services of a Miami, Florida commercial litigation attorney who understands how to identify and coordinate with any relevant experts, while also striving to keep costs as reasonable as possible.

Constant Change

Succeeding as a commercial litigation attorney in Miami, FL involves being able to quickly adapt to constant developments that change the way a commercial litigation case can play out. First of all, applicable commercial laws change very quickly. An attorney must stay abreast of these developments in order to continue providing effective services. 

Additionally, the very nature of the business environment tends to change rapidly. For instance, not many years ago, most people had never even heard the word “smartphone”. Now, they’re everywhere, and the rise of smartphone apps has given rise to numerous commercial litigation cases involving intellectual property, data security, and much more. That’s simply one example of the many new developments commercial litigation attorneys in Miami must stay on top of.


Along with the complexities described in the previous section of this guide, commercial litigation is often much more complex than civil litigation because the parties involved may have their own claims, defenses, and general arguments. That’s unlike civil litigation cases. In civil litigation, there are essentially two sides: the plaintiff and the defendant. This key difference has a major impact on the way commercial litigation plays out when compared to civil litigation.


There are certainly many instances in which civil litigation cases can involve relatively high stakes. That said, the stakes can arguably be higher in Miami commercial litigation. For instance, some commercial litigation involves what are described as “bet the company” cases. Improper judgment during these types of commercial litigation cases can, as you may have guessed, dramatically change a company’s nature, if it doesn’t result in the loss of the company altogether. 

This is just one more reason why it’s necessary to choose a Miami, FL commercial litigation attorney who thinks logically, listens carefully, assesses cases objectively, and takes all steps to make the best possible choices throughout the litigation process.

Essential Details

Many of the basic details of a Miami commercial litigation case are likely to differ from those of a civil litigation case. For instance, it’s not uncommon to file commercial litigation cases in federal court, rather than state court. Commercial litigation cases can also involve multi-district litigation and class action.

Common Types of Commercial Litigation Cases in Miami, Florida

Again, you could theoretically hire a business litigation attorney in Miami, FL for many different potential reasons. The following are merely a few of the more common types of commercial litigation cases:

  • Antitrust
  • Bad Faith
  • Breach of Contract or Breach of Fiduciary Duty
  • Class Actions
  • Fraud
  • Intellectual Property/Patent Infringement
  • Partnership Disputes
  • Privacy
  • Shareholder Disputes
  • Tax Disputes

That’s just a short list of cases and disputes that may fall under the heading of commercial litigation. However, it should help you better understand just how complex these cases can be, and why litigating them requires extensive relevant knowledge and experience.

Why Choose Elstein Law as Your Miami Business Litigation Law Firm

Brian L. Elstein is the right business litigation attorney in Miami, Florida for you because he has the experience and qualities that drive success in business litigation cases. Again, he already has experience as general counsel in the business world, and thus knows precisely how various types of commercial litigation cases develop. Specifically, he offered his services to a FinTech company, working in a sector that involves understanding the latest developments in commercial law. Numerous regulations also apply to FinTech companies. To work as general counsel for such a company, having a keen understanding of various legal principles relevant to businesses is essential.

He also offers appellate advocacy services. This is worth noting because the traits required for effective appellate advocacy, such as objectivity, logical thinking, fast learning, and strong research skills overlap significantly with those commercial litigation demands.

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