Our attorneys handle appeals in all the Florida District Courts of Appeal, the Eleventh Circuit Court of Appeal and the Florida Supreme Court. We represent State agencies in their appeals of insurance related litigation, and clients in appeals of matters in all of our substantive practice areas.
Appellate Practice
Commercial Litigation
The Firmʼs Commercial Litigation Group represents small local businesses as well as large multinational entities in all aspects of commercial matters.
Our practice is focused on the defense of companies involved in commercial disputes, including nationwide and international commercial collections, contract disputes, unfair competition, trade secret law and business torts. We also specialize in claims arising from the ownership of property, including appraisal and tax appeals before local governments and boards. Our attorneys have represented local governments and insurance and reinsurance brokers, insurers and privately held companies involved in commercial disputes, civil RICO claims, buy-sell agreements, bankruptcy proceedings and general litigation matters.
Our Commercial Group also counsels clients in important litigation avoidance strategies by providing routine, and sometimes daily, guidance in all aspects of their business practices. We work closely with our clients to learn the various aspects of their business to ensure we are providing the most up-to-date and relevant advice available.
When matters take us outside our borders, our Firm enjoys an excellent reputation and relationship with major law firms throughout the country and in parts of Brazil, Panama and Europe. We have extensive experience in effectively and efficiently employing and supervising the work of local counsel when required by our clients.
Construction Law
The firm represents professionals in construction defect claims, including suppliers of contaminated products and design professionals involved in various states of construction.
Our attorneys routinely handle construction defect cases involving dozens of parties and millions of dollars in potential exposure.
Director and Officer Liability
Our firm recognizes that liability exposure often extends to management. In these situations, our attorneys are well versed in defending directors and officers from alleged violations of their fiduciary duties.
First Party Practice
The Firm represents both personal lines and commercial lines carriers and handles all aspects of first party litigation, including water damage, mold, fire loss, fraud and theft claims.
We also represent carriers in first and third party common law and statutory bad faith claims. Our attorneys are cognizant of the bad faith implications associated with coverage decisions, responding to civil remedy notices and settlement demands, and routinely consult with insurers on avoidance strategies.
General Liability and Casualty
A cornerstone of the Firm’s practice has always been defending business and property owners in general liability claims.
We strive to avoid litigation where possible, and concentrate on assisting clients in identifying, mitigating and managing exposure through a strategic claims management process. We also understand that oftentimes litigation is unavoidable. When this occurs, our attorneys are trained to set in motion a carefully conceived plan of action designed to identify the scope of liability and exposure, a short-term and long-term defense plan and various strategies designed for a timely resolution or aggressive defense. When necessary, our attorneys and staff stand prepared to take matters to trial regardless of whether the claim has modest consequences or far-reaching implications.
Government Liability
The Firm’s attorneys work closely with public entities, including local governments, boards, water management districts, school boards, school districts, public universities, police departments and utility authorities.
We provide routine legal advice on issues such as town charters, local ordinances, taxation, ethics, election law, constitutional law and employment law. Our attorneys lecture on various issues affecting local governments such as Florida’s Sunshine Law, Risk Management and Employment issues. We also work with insurance carriers providing insurance coverage for public entities and either direct or assist in the defense of litigation filed against their insureds.
Insurance Coverage and Litigation
We are frequently called upon to provide insurers with a pre-suit analysis of their policies to determine coverage issues as well as representing insurers in litigation against policyholders and third party claimants.
Our attorneys are well versed in preparing coverage analysis, conducting investigations, preparing reservation of rights letters and ensuring our client’s rights are protected in both state and federal courts.
Insurer Insolvency
The Firm handles all aspects of litigation and appeals arising from the liquidation of insurance companies, including the prosecution and defense of claims in adversarial proceedings.
We work closely with our clients to take possession and administer assets for the benefit of creditors.
Intellectual Property
Our Firm represents and counsels private entities whose intellectual property is not only a source of significant revenue but is at constant risk of being pirated. Our attorneys have significant experience, both as in-house and outside counsel, in managing litigation involving trademarks and copyrights, particularly in the area of internet commerce. Our experience in handling trademark disputes includes litigation over trade dress, licensing issues, trademark infringement, trademark dilution, and false advertising. Our copyright litigation experience includes handling litigation over website content, Lanham Act violations, registrations and infringement. Because IP violations on the internet have no geographic boundaries, our attorneys and paralegals have a unique expertise in locating violators all over the world, and pursuing legal actions across the United States.
Labor & Employment Litigation
Employers are continuously challenged by the evolving complexities of labor and employment law. Even the most seasoned of human resource professionals can become daunted by the constantly changing legal requirements that define an employer’s relationship with its employees. Our Firm provides clients with the most up-to-date information regarding their labor and employment obligations, and provides an array of legal services to defend employer’s rights.
Effective labor and employment advice is achieved by knowing and understanding the employer’s business. To that end, our primary objective is to build long-term, trust-based relationships with our clients founded on legal advisory services provided in a committed, expeditious and efficient manner.
When matters take us outside our borders, our Firm enjoys an excellent reputation and relationship with major law firms throughout the country and in parts of Brazil, Panama and Europe. We have extensive experience in effectively and efficiently employing and supervising the work of local counsel when required by our clients.
Long Term Care Legal Claims Management & Litigation
Long Term Care (“LTC”) insurance has been and will continue to be a heavily disputed practice area. Policyholders, many of whom have paid premiums for years, only now are beginning to make claims. Plaintiffs’ counsel are notorious for making inflammatory allegations that insurers prey on vulnerable senior citizens in marketing, premium-setting and rate increases, claims and coverage decisions, and lapsing policies for late premium payments. Claimants, specifically elderly policyholders who paid premiums for many years before filing claims, are especially sympathetic.
Premises Liability
One of the Firmʼs key practice areas is Premises Liability, which is generally the liability of a landowner for certain torts that occur on its property. The basis for liability can range from injuries caused by hazardous conditions, such as uneven floors, standing water or wet floors, crumbling curbs, falling objects, inadequate security, insufficient lighting, concealed holes and other defects, improperly secured floor mats, or defects in chairs or benches.
Regardless of the type of claim, our first priority is to present the carrier and insured with a timely and thorough written case analysis. We pride ourselves on accurately informing our clients of their rights, responsibilities and potential scope of liability, and providing informative updates. We maintain excellent relationships with various locally and nationally recognized experts in both the liability and medical fields with whom we routinely consult. Our liability experts have included engineers, architects, accident reconstructionists and human factors experts who recreated accident scenes and use the latest technologies to present every possible model of the cause of an accident. Our medical experts range from vocational rehabilitation experts, neurologists, radiologists, surgeons, psychiatrists, psychologists, and rheumatologists.
Products Liability
The Firmʼs liability group also handles claims involving products liability, including product design, distribution, marketing, labeling, advertising, and consumer usage. We have consulted with or represented manufacturers, distributors, and retailers at the local, state and national levels.
Professional Liability & Errors and Omissions
Our Firm has extensive experience defending professionals.
Our clients in this practice area include attorneys, accountants, engineers, title agents, insurance agents, real estate agents, and property inspectors, land surveyors, and contractors. Our attorneys are actively involved in various organizations dedicated to the defense of professional liability claims. Our firm is a member of The Professional Liability Underwriting Society, and routinely counsels insurers and their insureds in litigation avoidance strategies.