Don't Skip These Legal Risks When Doing Business in the U.S.

Florida’s growing role in global trade offers international companies significant opportunities while also bringing complex legal disputes. Boyer Law stresses that foreign businesses operating in the state must act in accordance with Florida and U.S. law on a wide range of matters from contracts to collections.

Florida, where international investments concentrate in logistics, tourism, technology, health, and real‑estate sectors, is a key trade hub where companies from different countries converge. However, the parties’ exposure to different legal systems and commercial practices can make disputes far more complex than a routine local case.

According to Boyer Law, the most common causes of international commercial disputes are non‑payment, breach of contract, failed partnership ventures, import and export issues, intellectual‑property infringements, franchise disagreements, investment fraud, and commercial lease agreements. Misrepresentations in mergers and acquisitions, construction delays, and defective performance are also listed among the primary issues that can give rise to litigation.

When are Florida courts competent?

A company does not need to be a state resident to file a lawsuit in Florida or to be named as a defendant. Designating Florida courts as competent in a contract, conducting commercial activity in the state, making payments through Florida banks, or shipping goods from Florida ports can all trigger the courts’ jurisdiction.

A company’s having an office or property in Florida, the injury occurring within state borders, or the commercial transaction targeting Florida customers can also be decisive factors in determining jurisdiction.

Boyer Law notes that some foreign companies act on the assumption that disputes will be resolved in their own countries, which can lead to loss of time and legal advantage.

Every clause in the contract is important.

In international commercial litigation, the governing law and forum are largely determined by the contract signed by the parties. Provisions such as whether Florida law or another country's law applies, whether the dispute will be resolved in court or through arbitration, and the language of the proceedings can alter the course of the process.

The currency of payment, force majeure, risk transfer, and selection of the arbitration institution are also among the critical provisions. Florida courts generally rely on the written terms of the contract. The parties' cultural expectations, business practices, or unwritten agreements, however, usually cannot override contractual provisions.

Access to evidence is becoming increasingly difficult.

In U.S. commercial litigation, documents and evidence play a central role. The fact that documents are located in another country, correspondence is conducted in a foreign language, and witnesses reside abroad can create additional challenges for international companies.

Regulations such as GDPR, PIPEDA, and LGPD, as well as export restrictions and protection of trade secrets, can also affect the evidence‑gathering process. In files where offshore bank accounts must be examined, the process can become even more complex.

According to Boyer Law's assessment, certified translations may be required for foreign‑language documents submitted to the court, while forensic‑computer‑science work may be needed to verify digital records.

Arbitration or court process?

A significant portion of international agreements contains an arbitration clause. In Florida, arbitration awards can be recognized under the Federal Arbitration Act and the New York Convention. Arbitration can offer parties various advantages, especially in disputes that are technically complex and involve multiple countries.

In contrast, when urgent measures are needed, assets must be protected, or fraud allegations investigated, the court process can be more effective. In some cases, a two‑step approach may be followed: first filing for arbitration, then having the award recognized and enforced in Florida.

A judgment obtained abroad does not guarantee collection.

A court decision issued in another country may not automatically be enforceable in Florida. For the ruling to be executed in the state, it must undergo a recognition and enforcement process.

During this assessment, Florida courts examine the foreign court's jurisdiction, whether the parties were afforded due process, whether the decision contravenes U.S. public policy, and whether fraud is present in the process. Enforcement of international arbitration awards can, in some cases, be easier than that of foreign court judgments.

After the ruling is recognized, collection methods such as seizing bank accounts, establishing liens on real estate or equipment, conducting asset investigations, and appointing a receiver when necessary may come into play.

Commercial disputes can also extend into family law.

Cases involving international companies sometimes intersect with family law. Treating family businesses as part of marital property, spouses owning shares in Florida companies, or reviewing corporate records during divorce can directly affect commercial operations.

Therefore, consistency among marriage agreements, shareholder contracts, and corporate documents is crucial. Otherwise, a dispute that begins as a personal matter can evolve into an international conflict that impacts the company's ownership and financing structure.

Early legal assessment is important.

Boyer Law emphasizes that success in cross-border commercial litigation depends not only on being right, but on a comprehensive strategy that includes proper documentation, timely intervention, and how the judgment will be enforced.

It is recommended that investors working with international partners, Florida companies doing business with foreign suppliers, and international businesses operating in the state review their contracts before a dispute arises. After a dispute begins, preserving evidence, coordinating among lawyers in different countries, and assessing risks to assets early become increasingly important.

Companies and investors facing an international commercial dispute in Florida can contact Boyer Law by phone at +1 251-870-0101 to have their situation evaluated confidentially.

Boyer Law Contact Information

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