Alternative dispute resolution (“ADR”) is typically defined as any out-of-court method employed to resolve a dispute between parties. ADR can take the form of mediation, arbitration or other hybrid processes. If used correctly, one of the benefits of ADR is it is frequently less expensive for all parties to resolve their dispute. Mediation in particular has been so successful in Florida that most courts will not permit a non-exempt civil case to proceed to trial without it first being referred to mediation.
Mediation is a process whereby a neutral third person encourages and facilitates the resolution of a dispute between two or more parties in an informal proceeding to help the parties reach a voluntary binding agreement. The mediator does not make any rulings or decisions for the parties. The mediator may not give the parties any legal advice, but the mediator may discuss the possible outcomes of the lawsuit or arbitration if not settled, as well as the potential strengths and weaknesses of the parties’ positions in the case. The process is conducted in an informal non-adversarial manner. The objective of the mediation is to reach a mutually acceptable agreement.
As opposed to mediation, arbitration results in a binding or non-binding decision of the dispute by one or three neutral third-parties, depending on the terms of their arbitration agreement. The arbitrators consider the evidentiary presentations of the parties and then render an award, which may then be confirmed by a court of competent jurisdiction. Although one purpose of an arbitration agreement is to avoid the formal legal requirements of a costly court proceeding, each party must still be given “due process,” including a full and fair opportunity to be heard and present evidence.
A final arbitration hearing generally begins with each party giving an opening statement to clarify the issues. The complaining party then presents evidence, followed by the responding party’s presentation of evidence. Each party also has the opportunity to cross-examine opposing witnesses. Finally, the parties are usually given the option to give closing arguments.
Attorneys
The Firm’s Appellate Practice Group includes attorneys who have extensive experience in appellate matters and includes a Florida Bar Board Certified Appellate Practice specialist. Our Attorneys prosecute and defend all types of appeals across the broad spectrum of the Firm’s practice areas, ranging from quasi-judicial and administrative decisions rendered by school boards and other local government bodies, to final and non-final decisions on civil matters rendered by Florida’s state and federal trial courts. Our appellate attorneys have handled administrative appeals, as well as appeals to Florida’s Circuit Courts, Florida’s District Courts of Appeal, the Florida Supreme Court, the Federal Eleventh Circuit Court of Appeals, and the United States Supreme Court. Additionally, our appellate attorneys have filed amicus curiae briefs on behalf of interested parties and entities in cases in both the Florida Supreme Court and the United States Supreme Court. Our appellate attorneys also work closely with our litigation attorneys and local government attorneys to provide support and strategic advice at all phases of disputes and litigation, in an effort to ensure that our clients are well-positioned for a resolution that is in our client’s best interests or for ultimate success on appeal.
Attorneys
Our banking and finance litigation practice generally encompasses representation of creditors, such as lending institutions and private businesses, in connection with the pursuit of claims on commercial debts. Our banking practice also includes defense of commercial creditors in lender liability cases.
Creditor claims typically include suits on promissory notes, guaranty agreements, open accounts, invoices, security agreements, commercial mortgages and other collateral pledge agreements. In conjunction with such suits, we often are required to pierce a debtor’s “corporate veil” or set aside a fraudulent transfer to satisfy a creditor’s claim.
Our defense of lender liability cases spans a broad scope of legal theories upon which a lender may have liability to a borrower. Under limited circumstances, a creditor can be liable to a debtor for breach of a debt instrument or breach of an implied duty of good faith. These claims are usually raise as a result of a lender’s declaration of a non-monetary default, where the prospect of repayment may be impaired. Another lender liability claim is where a creditor takes control over the debtor to the extent that the creditor becomes the alter ego of the debtor. In past times, aggressive creditors reserved the right in their debt or collateral instruments to appoint a representative to a debtor’s board of directors. By doing so and exercising control on the board, the creditor exposed itself to liability if the debtor’s business later failed. Economic duress is sometimes raised by a debtor as a claim against a creditor. Economic duress can arise where: (a) the creditor has no legal right to threaten the debtor with certain action, which threat acts to coerce the debtor to take a particular action to its detriment; and (b) the creditor’s threatened action would financially destroy the debtor.
Attorneys
Our bankruptcy and creditor rights practice is limited to representing creditors against debtors for collection on commercial debts. Our representation includes Federal and Florida proceedings, including representation in bankruptcy proceedings. This practice area significantly overlaps with our banking and finance litigation practice.
Attorneys
Our attorneys who practice in the area of business and contract disputes have considerable commercial litigation experience in Florida’s state and Federal courts, as well as in arbitrations. Some of our attorneys in this practice group are Board Certified by The Florida Bar in Business Litigation. “Business Litigation” is defined by The Florida Bar as the practice of law dealing with legal problems arising from commercial and business relationships. Our attorneys in this practice group prosecute and defend business and contract disputes on behalf of our government and private sector clients, including publicly traded companies. Many of these business disputes arise out of leases, the purchase and sale of goods, services or real property, shareholder agreements, operating agreements, partnership agreements, consulting agreements and employment agreements, including non-compete provisions.
Attorneys
One of the primary bases for the foundation of our Firm is the representation of municipal and local government clients. Our Firm is proud of its long-standing commitment to providing exceptional day-to-day and special counsel representation to its municipal and other local government clients. Several of our attorneys in our City, County, and Local Government Practice Group serve as the primary city attorney for one or more of the Firms’ many municipal clients, and in that capacity, routinely handle the myriad of legal issues and challenges faced by Florida’s municipalities and local governmental bodies. Additionally, many of the Firm’s City, County, and Local Government attorneys also serve as special counsel to other municipalities and local governmental bodies, and in that capacity, provide specialized assistance in handling legislative, quasi-judicial, and real estate matters, as well as matters where the opinion or assistance of an outside specialist in city, county, and local government law is needed. Most of the city attorneys in our City, County, and Local Government Group have at least 25 to 30 years of experience in this unique but extraordinarily diverse and dynamic area of the law. Furthermore, several of the attorneys in our Firm’s City, County, and Local Government practice group are Board Certified by the Florida Bar in City, County and Local Government Law, or have been recognized by their peers as one of Florida’s Legal Elite or one of Florida’s Super Lawyers. One of our attorneys was even honored by being named City Attorney of the Year by the Florida League of Cities. Our Firm has the experience and steadfast commitment which enable it to handle any issue or challenge facing a municipality or local governmental body.
Attorneys
Our Trial Practice Group includes some attorneys whom are Florida Bar Board Certified in Civil Trial Law. Our attorneys have extensively litigated matters involving the alleged violations of civil rights and constitutional law. We have successfully defended cities, state agencies, and their law enforcement officers in high-profile police liability lawsuits. Additionally, we have successfully defended cities and their employees, as well as the State of Florida and several of its Divisions and their employees, in lawsuits alleging violations of federal or state statutory or constitutional law, including but not limited to alleged violations of rights guaranteed by the First Amendment; illegal search and search and false arrest claims under the Fourth Amendment; procedural and substantive due process claims under the Fourteenth Amendment; Eighth Amendment claims brought by incarcerated persons; Fair Housing violations; and claims of unlawful employment practices. We have the resources to handle any civil rights or constitutional law dispute through trial and appeal.
Attorneys
Our Firm’s Trial Practice Group aggressively litigates and defends complex class action claims brought against our clients. Our attorneys have successfully defended class action lawsuits by defeating motions to certify class claims and prevailing on class actions via dispositive motions. We have successfully pursued and obtained results favorable to our clients in actions in which other defendants settled early in the litigation. If trial becomes necessary, we have the resources and expertise to handle any case through trial and appeal.
Attorneys
Many of our attorneys in our commercial and residential landlord/tenant practice group began representing landlords and tenants over 30 years ago. Our attorneys are experienced in handling breach of lease disputes, evictions, co-tenancy and use restrictions, and Fair Housing claims for tenants and landlords, including public housing authorities and Section 8 landlords. Additionally, our attorneys in this practice group negotiate and draft leases on behalf of our landlord and tenant clients. Our attorneys have utilized their expertise to educate others by presenting numerous seminars throughout the State of Florida to landlords, tenants, and property managers on topics including Florida’s Landlord Tenant Act, The Fair Housing Act, and lease negotiations and drafting.
Attorneys
Many commercial and residential lease disputes can be avoided by analyzing potential issues during the lease negotiation stage and incorporating appropriate provisions into the lease and the related lease documents. Business Law Certified and along with representing parties involved in commercial and residential lease disputes, our attorneys have helped our Firm’s commercial clients prepare, revise, and negotiate commercial lease agreements in all commercial settings, including ground leases, warehouses, mixed use, and retail.
Attorneys
The attorneys who comprise our Community Association Law Practice Group guide homeowners and condominium associations in the areas of preparation and interpretation of governing documents; collections; lien foreclosures; and covenant enforcement. Our attorneys have over 35 years of combined experience in this very specialized area of the law, and proudly represent more than 90 communities across central Florida, in Orange, Osceola, Lake, Polk, Seminole, and Volusia counties.
Attorneys
We represent owners, contractors, subcontractors, and suppliers in drafting and analyzing construction contracts; development and presentation of negotiation positions; litigation; arbitration; and participation in claim discussions and settlement proposals. Our attorneys have successfully represented parties in construction disputes involving both private and public projects, including roadways, parks, high rises, underground utilities, bridges and single family residences. We also negotiate, prepare, and evaluate construction contracts for all types of project delivery systems including CM at risk, design-build, and lump-sum.
Attorneys
Corporate litigation is a specific type of business litigation involving corporate merger and acquisition issues, or internal disputes among shareholders, directors, officers, managers, members, limited partners or general partners. Many of these disputes concern operating agreements or shareholder agreements which govern the operations and control of the business entity. Several of our attorneys who practice in this area are Board Certified by The Florida Bar in Business Litigation. “Business Litigation” is defined by The Florida Bar as the practice of law dealing with legal problems arising from commercial and business relationships, which include corporate litigation.
Attorneys
Since the inception of our Firm, the representation of School Boards and Superintendents (both elected and appointed) throughout the State of Florida has been one of our primary practice areas. Our Education and School Law Practice Group includes a Florida Bar Board Certified Education Law Specialist, who has been serving School Boards and Superintendents for over 20 years. She and the other attorneys in our Education and School Law Practice Group represent School Boards and Superintendents throughout the State of Florida as both general counsel handling all day-to-day legal matters, as litigation and appellate counsel in all aspects of litigation lodged against our clients or necessarily initiated by our clients, and as specially retained counsel for specific projects or litigation. Our attorneys also represent private colleges and universities, and have litigated on behalf of educational institutions in state and federal courts and in arbitration proceedings in Florida and in other states. The attorneys in our Education and School Law Practice Group, together with other members of our Firm, handle all aspects of governance, Sunshine Law issues, Public Records issues, student issues, employment issues, charter school issues, collective bargaining, procurement, drafting/negotiating contracts, and policy development under both federal and state laws and regulations for our School Board and Superintendent clients. Further, Our Education and School Law Practice Group has successfully responded to and defended complaints lodged against our educational institution clients through state and federal regulatory bodies and accrediting bodies in multiple states, including Florida.
Attorneys
When the government takes private property for public projects, it must pay full compensation to the property owners. Eminent domain and inverse condemnation claims are highly complex matters. Our Firm’s attorneys who practice in the area of eminent domain/inverse condemnation have represented our municipal and school board clients, and have been retained as special counsel, to pursue and defend eminent domain and inverse condemnation claims.
Attorney
The Firm’s Employment Law Group has considerable depth and experience in advising its private and public sector clients in every facet of employment law. The Firm works closely with its clients’ human resource and risk management professionals when employment issues arise. The Firm advises employers on a broad range of topics, including employee handbooks; policies and procedures; terminations; hiring; discipline; ADA compliance; FMLA compliance; wage-and-hour/exempt/non-exempt compliance; independent contractor agreements; and non-compete, non-solicitation and other contractual matters. The Firm, believing that prevention and preparation are key, also offers seminars and training with regard to EEO, ADA, FLSA, and FMLA compliance, and its attorneys are often called upon to speak at conferences throughout the state on these issues. In the event that litigation becomes necessary, however, our Employment Law Group has a wealth of experience in both state and federal court, litigating cases that cover the spectrum of employment laws, including but not limited to Title VII; the ADA; ADEA; FLSA; FCRA; PDA; USERRA; Sections 1981 and 1983; Florida’s Unpaid Wage Statute; Florida’s Worker’s Compensation Retaliation Statute; and Florida’s Private and Public Whistleblower Statutes. Finally, the Firm’s Employment Law Group has an abundance of experience guiding employers through investigations lodged by the EEOC, FCHR, and the Department of Labor, and appearing before the administrative agencies that oversee complaints of alleged employment law violations.
Attorney
Our attorneys who practice in the area of entertainment and sports litigation have done so for many years in Florida’s state and Federal courts, as well as in arbitrations. Some of our attorneys in this practice group are Board Certified by The Florida Bar in Business Litigation. “Business Litigation” is defined by The Florida Bar as the practice of law dealing with legal problems arising from commercial and business relationships. Most non-labor related entertainment and sports disputes are specific forms of business litigation, which often arise from media agreements, talent contracts, merchandise agreements, license and royalty contracts, agency and management agreements, special event agreements and employment agreements.
Attorneys
Our Firm provides guidance to our public sector clients and their officials in all matters involving rights guaranteed by the First Amendment to the United States Constitution. In this regard, we counsel our School Board and Superintendent clients on matters including but not limited to the constitutionally permissible restrictions on the First Amendment rights of students. Additionally, we provide guidance to our municipal and local government clients on a broad array of issues ranging from municipal regulation of adult entertainment establishments, to permissible restrictions on signs posted within a municipality’s city limits, to holiday displays at local government offices. If a lawsuit is filed alleging that our client or one of its officials violated an individual’s First Amendment rights, we aggressively litigate and defend against said claims. We successfully defended, through appeal to the Eleventh Circuit Court of Appeals, one of our client’s residency restrictions which allowed city council members to decline to hear argument at their meetings by persons who were not residents or taxpayers of the city. Additionally, we successfully defended, through appeal to the Eleventh Circuit Court of Appeals, another municipality’s ordinance prohibiting picketing or protesting within fifty feet of a dwelling unit, and prohibiting picketing or protesting in any park, public street, public right-of-way, or sidewalk where such activity impeded or interfered with the rights of others to travel in a safe manner. We are proud to have played a role in the development of this important area of the law.
Attorney
We represent insurance carriers in legal disputes with their homeowner insureds or commercial insureds, in a broad spectrum of property claims and coverage disputes, from inception through trial and appeal.
Attorney
The attorneys in our Firm who specialize in City, County, and Local Government Law and Education Law also handle administrative law issues and hearings as part of their everyday practice. These attorneys are able to advise on issues relating to the Florida Administrative Code (Chapter 120, Florida Statutes), and to litigate the administrative proceedings from start to finish.
Attorney
The Firm advises and represents its clients on complex issues involving Premises and Products Liability Disputes the availability and extent of insurance coverage in the event the client is sued for a covered claim.
Attorney
The Firm’s land use attorneys include an attorney who is Certified by the Florida Bar in City, County, and Local Government Law, and another attorney who is Board Certified in both City County, and Local Government Law and in Real Estate Law. Our attorneys have extensively represented local governments in land use disputes. Their knowledge and unparalleled experience gives them a unique and invaluable perspective on the representation of land owners, which in turn makes them well-equipped to bring any land use issue to a quick resolution that is favorable to our client.
Attorney
Our Firm’s Trial Practice Group includes attorneys who each have defended personal injury claims, attorneys who are Board Certified by the Florida Bar in Civil Trial Law, and an attorney who previously worked as in-house counsel for one of the nation’s largest insurance carriers. Our attorneys take pride in aggressively and thoroughly litigating personal injury claims, and often prevailing on claims by utilizing creative arguments or uncovering evidence which others might have missed. In addition to successfully taking personal injury claims to jury trial and earning defense verdicts, our attorneys have successfully concluded numerous cases at the summary judgment stage, and obtained a rare directed verdict at the close of the plaintiff’s evidence in a motor vehicle negligence action.
Attorney
The Firm defends both public and private sector property owners in claims brought by individuals who are injured for alleged defective and dangerous conditions on the owner’s property. Our team includes attorneys who have served as defense counsel in civil litigation matters for more than 18 years. Our litigators pride themselves on aggressively and thoroughly litigating these claims, and often prevail on claims by utilizing creative arguments or uncovering evidence which others might have missed.
Attorney
Our attorneys who practice professional liability defense have extensive experience defending licensed professionals, such attorneys, accountants, real estate brokers, stock brokers, insurance brokers, financial planners, engineers, architects and health care providers, directors and officers in claims of professional negligence and breach of fiduciary duty claims. Several of our attorneys in this area are Board Certified by The Florida Bar in Civil Trial and Business Litigation.
Attorneys
The Firm’s practice group in the area of real estate transactions and litigation includes attorneys who are Board Certified by The Florida Bar in Real Estate Law and Business Litigation. Our attorneys handle a wide variety of real estate transactions and disputes, including, real estate acquisitions and dispositions; financing; title review and analysis of survey; title defect claims; environmental issues; lease drafting and disputes; zoning and land use; flood zones; document recordation requirements and fees; title commitments and endorsements; and closing and escrow services. Our attorneys are also experienced in negotiating, drafting and reviewing acquisition, leasing and financing documentation, as well as writing title insurance, handling survey issues, resolving title defects, supervising environmental due diligence and resolving environmental issues for both residential and commercial properties.