Commercial Litigation

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No business enterprise, whether conducted by an individual, a family, or a multinational corporation, is immune from disputes that can develop into litigation.

The attorneys at Ciklin Lubitz & O’Connell understand that when business disputes arise, it is vital to attempt to resolve them quickly in order to minimize any adverse impact on the client or, if resolution is impossible, to competently resolve them through court proceedings.

We realize that business owners and corporate executives would prefer to focus their attention on their business operations rather than on litigation, so we strive to resolve disputes as rapidly and efficiently as possible.

Brian Joslyn chairs the firm’s commercial litigation department. He has practiced for more than 30 years in the commercial trial arena, with a focus on all aspects of real estate law, development, and land use. He also tries partnership and corporation dissolutions, will contests, and broker/dealer disputes. He has represented numerous local governments and special districts in permitting, zoning and land use disputes. During his career Mr. Joslyn has tried more than 100 trials, both jury and non-jury, and managed many arbitrations.

Attorney John D. Boykin is Board Certified in Civil Trial by The Florida Bar. He is an expert in civil trial law, including the litigation of civil controversies in all areas of law before state courts, federal courts, administrative agencies, and arbitrators.

Partner Jeffrey M. Garber is a seasoned litigator with over 20 years of experience. He has handled a wide range of civil disputes in the federal and state courts of Florida and New York.

Our team of commercial litigation attorneys has represented businesses of all sizes, from Fortune 500 firms to local South Florida companies. We have the experience needed to handle even highly complex litigation matters.

The commercial litigation department regularly represents clients in numerous practice areas including the areas outlined below.

Real Property Litigation

  • Boundary disputes
  • Easements (express, prescriptive, and “of necessity”)
  • Foreclosures
  • Loan workouts
  • Mortgage disputes
  • Purchase or sale, leasing or management of real property
  • Title defects
  • Broker disputes

Governmental and Land Use Litigation

We represent landowners, local governments, and affected third parties in disputes arising from:

  • Code enforcement
  • Comprehensive planning
  • Governmental agency operations
  • Platting
  • Site planning
  • Traffic concurrency
  • Zoning

Earlier in his career, Managing Partner Alan Ciklin served as Director of the Palm Beach County Planning, Zoning and Building Department, as well as Deputy County Attorney. He was also active in the development of Palm Beach County’s land use and zoning codes, and its Comprehensive Plan.

Partner Brian Joslyn has represented numerous local municipalities, special districts, applicants and affected third parties in dozens of disputes arising from governmental permitting and land use decisions.

Business Litigation

The firm’s attorneys represent corporations, partnerships (both general and limited), and limited liability companies, as well as shareholders, partners, and members of those entities, in disputes arising from:

  • Buy-out agreements (corporate, partnership, or a limited liability company)
  • Entity formation, capitalization, and operation
  • Minority ownership rights
  • Non-competition agreement enforcement and defense
  • Trade secret protection

Other Areas of Experience

  • Accounting and legal malpractice
  • Business torts
  • Civil RICO claims
  • Civil theft
  • Florida Unfair Deceptive Trade Practice Act
  • Fraudulent conveyances

In the area of commercial litigation, it is vital that you have capable and experienced legal counsel on your side so your interests are protected.  The attorneys at Ciklin Lubitz & O’Connell can provide the experience and strong legal representation your business requires.

Contact partner Brian Joslyn to discuss a confidential matter regarding commercial litigation.