Derivative Action Attorneys
A derivative lawsuit or derivative action allows shareholders or members of a limited liability company to bring claims on behalf of a corporation or LLC when those in control fail to act–or worse, act against the company’s own interests. These cases typically involve breach of fiduciary duty, self-dealing, corporate waste, or fraud by directors, officers, or majority members. Because the claim belongs to the company, not the individual, derivative litigation demands counsel who understands both the procedural complexities and the underlying corporate dynamics at stake.
At Jun Avila PLLC, we handle derivative actions for shareholders and companies in Florida state court, federal court, and on appeal. Our attorneys bring BigLaw experience–including partnership at Am Law 100 firms–to every matter, delivering the caliber of representation you’d expect from a large firm, with the direct access and efficiency of a boutique practice.
When Should You File A Derivative Action In Miami, Florida?
A derivative action may be appropriate when leadership engages in conduct that harms the company and those in control refuse to address it. Common triggers include:
- Self-dealing and conflicts of interest
- Insider trading or fraudulent activity
- Abuse of company assets or corporate waste
- Unjust enrichment involving a majority shareholder at the expense of a minority shareholder
- Breach of fiduciary duty by directors, officers, or managers.
Before filing, a shareholder or member must typically satisfy–or be excused from–the demand requirement. Where making a demand onthe board would be futile, we can argue demand futility and proceed directly to litigation. We evaluate each case carefully to identify the strongest path forward.
What Remedies Are Available In A Derivative Lawsuit?
In a derivative lawsuit, recovery belongs to the company–not the individual plaintiff. Courts may award:
- Monetary damages
- Equitable relief, such as changes in governance or management structure
- Payment of attorneys’ fees in certain cases
Our goal is to hold wrongdoers accountable and restore what was taken from the company.
Why Jun Avila PLLC
We are a Miami-based litigation boutique with deep experience in complex commercial disputes, including shareholder and member disputes, corporate governance litigation, and appellate work. Our attorneys have litigated at the trial and appellate levels in Florida state court and in federal courts across the country. We offer the strategic sophistication of BigLaw with the responsiveness and value of a firm built around client results.
We serve clients in English, Spanish, and Korean.
If you believe misconduct has harmed your business, contact Jun Avila PLLC to speak with an experienced derivative action attorney. Call 305-404-6201 or submit a request through our online contact form.