Business & Commercial Litigation

When clients need lawyers deeply skilled in commercial litigation, Colodny Fass provides time-tested counsel and experience. 

Our Firm was founded by some of the most respected commercial litigators in matters related to complex disputes, business issues and regulatory compliance. 

Colodny Fass represents a diverse range of corporations and individuals in business disputes.  For over four decades, we have litigated diverse matters requiring a thorough understanding of both specific issues and market conditions in which our clients operate.

Further, our attorneys are well-versed in corporate and regulatory compliance matters.  We understand the complexity and significance of local, state and federal regulations on businesses and how statutory mandates and regulatory enforcement may impact litigation.

Our practice includes a wide variety of trial and appellate experience.

Our litigators provide a full-service approach to client representation by collaborating with their regulatory and compliance colleagues.  Through this teamwork, Colodny Fass can provide deeper insight and alternative perspectives on contested commercial matters.

When necessary, Colodny Fass Transactional and Business attorneys often work closely with our litigators, should it become necessary to mitigate against litigation risk, either through judicially protecting a client’s interest or otherwise seeking alternative resolutions for business disputes. 

In addition, the Firm’s Employment Law Division is available to represent corporate employers in the development and enforcement of policies, and employment agreements and implementation, as well as employment-related disputes.

Complex Litigation

Substantial disputes involving multiple parties and jurisdictions, and voluminous documentation require skilled legal counsel from a firm with the capacity to dedicate experienced lawyers and ample resources to the matter at hand.  Colodny Fass represents individuals and corporations in these types of complex actions. 

Led by Shareholder Maria Elena Abate, the Firm’s Litigation Division specializes in complex commercial litigation and, particularly in relation to insurance defense, has defended multiple bad faith claims, class actions, fraud claims, RICO claims and other complex commercial dispute cases. 

Further, our attorneys have been heavily involved in the creation and drafting of numerous legislative revisions to Florida’s Insurance Code and other statutes, and have developed an intimate understanding of their unique technical aspects as a result.

Our Litigation Division regularly manages complex environments and collaborates with numerous joint defense groups and multi-attorney firms in formulating legal strategies for clients.  Through extensive experience, we have become seasoned in developing calculated, yet creative approaches to such matters as burden of proof, presentation of expert witness testimony, use of experts and enforcement requirements.

Known for our successes at the trial and appellate levels, Colodny Fass has consistently prevailed on a wide range of issues.   The Firm’s judicious application of mediation and other alternative dispute resolution methods has resulted in the settlement of many cases long before they reach a full trial.

All Colodny Fass attorneys and paralegals are trained in the use of Summation, which is a Web-based document management, electronic data and transcript review platform that accommodates the spectrum of case and team sizes.  The Firm also utilizes Case Map, which is a trial management software program that enables the creation of detailed chronologies, in which key issues, documents and witnesses can be identified.  Colodny Fass paralegals are also experienced in performing objective coding on large document cases.

Business Torts and Contract Disputes

When owners, partners, officers and directors, investors and individuals find themselves in business disputes, Colodny Fass represents their interests and claims. 

Our lawyers have courtroom experience in state and federal court and in arbitration forums litigating disputes involving various forms of transactional disagreements, including:

• Breach of contract
• Theft of trade secrets
• Corporate fraud
• Management disputes
• Employment disputes
• Discrimination
• Non-compete agreements
• Unfair competition
• Receivership proceedings
• Intentional interference with business relationships
• Fraudulent transfers
• Breach of fiduciary duties
• Derivative suits
• Corporate and partnership disputes and dissolutions
• Fraud and conspiracy claims
• Professional malpractice (legal, accounting and engineering)
• Bad faith insurance claims
• Claims seeking to pierce the corporate veil to collect on judgments

Probate and Trust Litigation

Colodny Fass lawyers  provide counsel to personal representatives of estates, as well as trustees and beneficiaries regarding their legal rights and obligations in probate and trust administration matters.  We advise parties of their rights and responsibilities under state law, and assist with summary and ancillary administrations when necessary.

Colodny Fass represents clients involved in trust litigation, including reformation, modification and termination of a trust, will contests and other matters relating to probate estate and trust litigation, including issues that may arise with the distribution of assets to effectuate the overall intent of an estate plan.

We have successfully handled cases executors or beneficiaries involved in business disputes arising as a consequence of a decedent’s ownership or partnership in business or property; those facing a conflict within an estate or involved in real estate and other property disputes.  We have assisted in the collection of loan notes, proceeds of business dissolutions and other assets, including insurance benefits, equity interest in businesses, and intangibles, such as stocks, bonds, funds, investments and cash.

Real Estate Litigation

Whether commercial or residential in nature, real estate disputes can be particularly complex matters.

Colodny Fass represents individuals and corporations, developers and community associations in real property litigation, including contract and lease disputes, title insurance issues, landlord and tenant actions, homeowner and condominium matters, land use, and construction litigation.

We have also successfully handled lien and mortgage foreclosures, receivership proceedings, and real estate matters stemming from probate and trust litigation.

Our lawyers have real estate experience in state and federal courts, as well as in arbitration forums.  As a matter of course, we counsel our clients on timely and cost-effective strategies to achieve their objectives and desired resolutions, while considering all risks and related costs before implementing a plan of action. 

Regulatory Litigation

Regulatory litigation can be a complex situation.  A delicate balance exists between vigorously protecting a client’s interests without harming their relationships with the regulatory agency in question.

Colodny Fass’ regulatory expertise in insurance, commercial and employment law, financial services, health care, and government contracting enables our Firm to achieve a fair and efficient result for clients, while preserving their relationships with federal and state regulatory agencies.

Whether the legal course of action is to enjoin or set aside laws, regulations or agency decisions that pose imminent threats to our clients’ interests, Colodny Fass goal for our clients is to seek creative, expedient solutions that avoid the need for trial.  However, when a case cannot be settled, we will aggressively litigate matters when necessary.