South Florida’s top litigation attorneys

Debt Settlement litigation

When creditor disputes escalate into litigation, the consequences can be swift and severe. Collection lawsuits, debt-buyer claims, and enforcement actions often rely on incomplete records, improper assignments, or inflated account balances. Our approach begins with a disciplined review of the creditor’s evidentiary foundation, followed by targeted motion practice designed to expose defects in standing, documentation, and statutory compliance. We routinely challenge claims lacking admissible proof and leverage those weaknesses to position our clients for a favorable settlement or dismissal. Whether defending against credit card litigation, personal loan actions, or post-judgment enforcement efforts, we combine procedural precision with strategic negotiation to limit exposure, prevent default judgments, and resolve disputes on controlled terms.

At Lomba P.A., our attorneys represent Florida residents facing creditor lawsuits, collection litigation, and disputed debts, working to resolve cases through negotiated settlements or courtroom defense when necessary. Learn More

Merchant Cash Advance Litigation

When merchant cash advance disputes escalate, the consequences move fast. MCA funders routinely file lawsuits, freeze business and personal bank accounts, enforce UCC liens, and pursue personal guarantees — often before the business owner has time to respond. Our approach begins with a forensic review of the MCA agreement, identifying defects in the funder's standing, documentation, and the enforceability of key provisions, including reconciliation clauses, personal guarantees, and Confessions of Judgment.

We challenge MCA agreements on multiple fronts: arguing for usury recharacterization when the contract mandates unconditional repayment, exposing violations of reconciliation provisions where funders withdraw fixed amounts regardless of actual revenue, and vacating invalid Confessions of Judgment issued by New York-based funders against Florida merchants in violation of current law. Where MCA companies or brokers engaged in fraud, misrepresentation, or predatory practices, we pursue counterclaims under Florida's Deceptive and Unfair Trade Practices Act, breach of contract, and unjust enrichment.

Whether defending against a collection action, seeking emergency relief to unfreeze accounts, or pursuing affirmative claims against predatory MCA funders, we combine procedural precision with aggressive advocacy to limit exposure, protect personal assets, and resolve disputes on terms that keep your business operational. Learn More

Breach of Contract & Commercial Torts

We understand that breach of contract and business–tort disputes can bring even the strongest enterprises to a standstill. From complex supply-chain agreements and licensing deals to joint-venture operating contracts and real-estate leases, our first step is a strategic attack on ambiguous provisions, quantifying exposure, and defining clear objectives before a single document is filed. By pinpointing your opponent’s leverage points, we craft a roadmap that emphasizes swift relief and maximum bargaining power.

Our team has had great success pursuing business-tort remedies for tor­tious interference, negligent misrepresentation, fraud, conversion, unfair competition, and unjust enrichment.

We also handle disputes under long-term frameworks such as Master Services Agreements and Statements of Work, but our primary emphasis remains on core contract enforcement. Whether litigating complex indemnity provisions in a private M&A closing or enforcing contract provisions in a commercial-real-estate lease, our approach blends precise motion practice with effective depositions and discovery. This method ensures early liability determinations, emergency relief when needed, and a strong posture at the negotiating table.

Partnership Disputes

Disputes among business partners strike at the heart of an organization’s stability. Whether allegations of fiduciary breach or disagreements over profit allocations and capital calls, we combine financial forensic analysis with targeted negotiation to restore operational continuity. In one sports agency dispute, our representation of a minority partner culminated in a majority shift in control to our client, leaving the adverse partner ousted from the company.

Intellectual Property & Trade-Secret Litigation

Our trade-secret practice is built on a dual strategy: when representing plaintiffs, we meticulously develop every element of a misappropriation claim; when defending, we dismantle each element to defeat liability. To prove misappropriation, we begin by cataloguing the purported trade secret, demonstrating it derives independent economic value from not being generally known, and that your organization implemented reasonable measures to maintain its secrecy (from NDAs to restricted-access protocols). We pair that foundation with clear evidence of unauthorized acquisition or use, whether through former employees’ testimony, digital-forensic analysis of network logs, or expert demonstrations of improper reverse-engineering, to secure ex parte injunctive relief and preserve critical documents before they can be destroyed.

Conversely, in defense of trade-secret claims, we challenge plaintiffs to meet their burden on each element. We conduct in-depth investigations to show the “secret” was publicly disclosed in industry publications or that no meaningful confidentiality measures were in place. We demonstrate independent development through time-stamped designs, source-code repositories, and expert affidavits, and we expose gaps in duty by highlighting lapsed or unenforceable agreements. In one recent engagement for a software developer, our factual record and targeted motion for summary judgment persuaded the court that the contested algorithms were neither novel nor subject to a protectable duty, leading to a complete dismissal of a $2.8 million damages claim. By tailoring our approach, either building an unassailable paper trail for plaintiffs or systematically eroding each element for defendants, we ensure that our clients’ innovations and competitive positions are defended with equal vigor.