Florida Commercial Litigation Trends in 2026: Insights from Regina M. Campbell, Esq.

As part of our legal advice series, Regina M. Campbell, Esq., Managing Partner of The Campbell Law Group P.A. (www.tclglaw.com), offers insight into the evolving world of commercial litigation across Florida. In this exclusive interview with Miami Living for the May 2026 issue, Campbell discusses the growing impact of tort reform, rising shareholder and partnership disputes, the increasing complexity of insurance and fraud-related claims, and how AI-generated communications are reshaping modern e-discovery and litigation strategy for businesses statewide.

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What commercial litigation trends are you seeing across Florida in 2026?

One of the biggest shifts we are seeing across Florida is the persistent impact of tort reform and how businesses are responding to it. Companies are paying much closer attention to contracts, risk exposure, and how disputes are documented from the very start of a commercial relationship. As a result, breach of contract cases continue to be a major area of commercial litigation.

There has also been a steady increase in partnership and shareholder disputes. In many cases, these businesses started with strong personal relationships, but over time, disagreements develop over management decisions, finances, ownership interests, or long-term direction. In my experience, when expectations are not clearly documented early on, those disputes can escalate very quickly.

Insurance coverage disputes are also becoming more common, particularly after major property losses, business interruption claims, and disagreements over policy interpretation. Many business owners are surprised to learn that what they believed was covered is interpreted very differently by the insurance carrier.

Fraud and financial disputes remain significant trends. These cases frequently involve allegations of misrepresentation, misuse of company funds, hidden transactions, and financial misconduct within closely held businesses. They can become very complex because they frequently involve extensive financial records, digital communications, and forensic analysis.

Overall, business owners are becoming much more proactive. They want to avoid litigation where possible, but they also want to be prepared if disputes arise.

When is litigation necessary, and when is mediation or arbitration the better option?

Litigation becomes necessary when a dispute reaches the point where the parties simply cannot resolve it on their own, and a binding decision is needed. That is especially true in cases involving complicated legal issues, serious financial exposure, fraud allegations, or situations where one side refuses to negotiate in good faith.There are also situations where immediate court involvement is necessary to protect a business, assets, or contractual rights. In those cases, litigation may be the only realistic way forward.

At the same time, many disputes can be resolved outside of a courtroom. I have seen mediation work extremely well when both parties are willing to have productive discussions and genuinely work toward a negotiated resolution. Many contracts now require mediation before filing suit, and in the right circumstances, it can save significant time and legal costs.

Arbitration can also be a strong option, particularly in contract disputes, employment matters, and complex business disagreements, where the parties want a definitive verdict without going through traditional court proceedings. Arbitration generally offers a more private and less formal process while still resulting in an enforceable decision.

The best approach always depends on the facts of the case, the parties’ relationship, the terms of the parties’ agreement(s), and the client’s overall goals. One of the first things we evaluate is whether the dispute can realistically be resolved before litigation costs begin to escalate.

How can early case evaluation reduce costs and improve outcomes?

Early case evaluation is one of the most important steps in any commercial dispute because it helps clients arrive at informed decisions before spending unnecessary time and money on litigation.

At the beginning of a case, attorneys should closely evaluate the strengths and weaknesses of the claims, the available evidence, potential exposure, and the real-world considerations surrounding the dispute. That process often helps determine whether mediation or arbitration may resolve the matter efficiently before extensive litigation begins.

It can also help avoid unnecessary discovery expenses and legal fees. Commercial litigation can become very expensive very quickly, especially when large volumes of records, financial documents, and electronic communications are involved. A realistic early assessment allows attorneys and clients to decide whether settlement discussions, dismissal motions, or full litigation make the most sense.

I have also found that early evaluation improves efficiency by narrowing the issues and helping everyone focus on what actually matters in the dispute. It gives clients a betterunderstanding of the risks involved from the start, which is incredibly important in high-stakes business matters.

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How is e-discovery evolving with the rise of AI-generated communications and digital records?

E-discovery has changed dramatically over the last several years, especially with the growth of AI-generated communications and the immense volume of digital records businesses now create every day.

AI-assisted review tools are becoming increasingly common in commercial litigation because they can process large amounts of data much faster than traditional manual review. These tools can summarize documents, identify communication patterns, organize timelines, and surface potentially important records early in a case. From a litigation standpoint, that can be very helpful during early case evaluation and discovery strategy.

At the same time, AI creates new challenges. More questions are being raised about how AI-generated content should be disclosed, how it is authenticated, and whether certain communications are complete or reliable. Courts and attorneys are still working through many of these issues as technology continues to develop.

A further challenge is the growing difficulty of guaranteeing thorough discovery. Businesses now communicate via email, messaging platforms, collaborative software, cloud storage systems, and AI-integrated tools, meaning relevant evidence may reside across multiple systems and formats.

As a result of that, discovery today requires both legal analysis and a strong understanding of technology. In many commercial cases, the ability to identify, preserve, and evaluate digital evidence efficiently has become a very important part of litigation strategy.

What are the most common shareholder and partnership disputes you handle?

Some of the most common disputes we handle involve buy-sell agreements, breach-ofcontract claims, partnership disputes, and management deadlock.

In closely held businesses, disagreements often arise when owners no longer share the same vision for the company or when one party believes another is acting unfairly, withholding information, or mismanaging business operations. These disputes canbecome especially difficult because personal relationships are frequently tied to the business itself.

I also regularly see cases involving disputed ownership interests, compensation disagreements, misuse of company funds, and conflicts surrounding decision-making authority. In some situations, business records are incomplete, or company agreements were never properly updated as the business evolved, creating major legal and financial complications later.

Management deadlock is another common issue, particularly in companies with equal ownership interests. When neither side can move the business forward, and there is no mechanism to resolve disputes, litigation or court intervention may become necessary.

Many of these disputes could be reduced with stronger corporate governance documents and clearer agreements at the beginning of the business relationship. Unfortunately, many business owners do not consider worst-case scenarios until conflict arises.

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The Campbell Law Group (TCLG)

2121 Ponce de Leon Blvd, Suite 540

Coral Gables, FL 33134

Phone: (305) 460-0145

Fax: (305) 675-3973

tclgfirm.com

By ML Staff.