What We Do.

In all of our areas of practice, our firm understands that we can only maximize our value when we learn our clients' business objectives and tailor our advice to fit these objectives.  What follows is general information regarding our various practice areas. If you have additional questions regarding our services, or would like to request a statement of qualifications, contact us.

Advertising & Marketing Law

CAN-SPAM, CIPA, COPPA, DNC, FDUTPA, FTC, MLM, TCPA, and more: modern advertising and marketing law involves a dizzying array of acronyms representing complicated legal rubrics and multiple regulatory players.  We help businesses make sense of this alphabet soup, so they can identify, understand, and comply with applicable law.

We routinely address regulatory and compliance requirements for business planning and strategy purposes, as well as addressing adversarial regulatory and litigation proceedings.  Our firm also represents clients in advertising and marketing related corporate and transactional matters.

Arts & Entertainment Law
We advise businesses, museums, art collectors, and artists in the legal and business aspects of creative artistic endeavors.  Our representation includes assistance on art acquisitions, including sourcing, due diligence, and negotiation of transactional terms, as well as evaluating and addressing intellectual property, insurance, and premises installation issues.  When issues arise, we further assist in dispute resolution (and, when necessary, litigation) involving the purchase, sale, display, or licensure of artistic works. 

We further represent individuals and companies in the entertainment industry in motion picture, television, and music related matters.  We assist in various talent agreements, performer agreements, shopping agreements, licensure agreements, royalty agreements, sponsorship agreements, and other negotiated transactions in the entertainment industry.

Our practice is further captured in the following haiku:
 
Creative people
Advising business clients
On creative works
Business Counseling

We are problem solvers who provide comprehensive legal advice and counseling on our clients' most challenging legal issues and contract negotiations. We shine when given the opportunity to tackle Gordian knots involving complex issues at the intersection of business and law. We do so by leveraging our collective legal expertise, industry-sector experience, and creativity to help clients advance their business interests and minimize their risks when confronted with complicated issues.

Aside from addressing and resolving discrete business issues, clients frequently consult our firm to act as trusted advisors and counselors throughout the lifecycle of their business. This begins with assistance and guidance in formation of a business or entering a new line of business. It continues through normal operational activities, acquisitions of new businesses lines and assets, assisting in financing transactions, as well as restructuring efforts- often culminating with the negotiation and preparation of an exit from an existing business (or line of business). This circle of business life oft repeats, with clients retaining our firm after an exit to then assist in approaching new business or philanthropic endeavors.

Commercial Real Estate

Our commercial real estate practice, led by a Florida Bar Certified Real Estate Lawyer with over three decades of commercial real estate experience, involves a diverse range of asset classes; covering land, shopping centers, apartments, office, industrial, condominiums, hotels, churches, and residential developments.

We routinely represent clients in a variety of industry sectors in complex commercial sales and acquisitions, due diligence, leasing, financing, and development matters.  We additionally have significant experience with land use, zoning, and entitlements- representing clients in negotiation of Chapter 163 agreements, zoning hearings, and land use litigation.

When issues arise, we regularly represent clients in commercial real estate litigation, and have extensive experience in commercial foreclosure litigation (including obtaining the appointment of dozens of receivers over diverse asset classes), commercial landlord-tenant litigation, slander of title matters, and other collateral commercial real estate litigation matters.

Commercial Transactions

Our firm provides a broad range of complex commercial transactional expertise and counseling. We represent purchasers (as well as targets and sellers) in acquisitions, divestitures, and leveraged buyouts. Our practice also includes the representation of private equity companies in asset purchases, stock purchases, and related senior and mezzanine debt financing. We additionally routinely assist in corporate formation and reorganizations in a variety of industry sectors, with extensive experience in manufacturing and distribution, hospitality, health care, medical device, REIT, private investment funds, as well as finance and technology-related transactions.

Our team also provides counseling on securities exchange (NYSE, NASDAQ, and OTC) compliance issues, advising public companies with respect to periodic SEC reporting, corporate governance, director fiduciary duties, and general securities and corporate matters, as well as assisting in private offerings with accompanying private placement memoranda.

We further have expertise in a wide range of technology-focused transactions, having negotiated and documented a multitude of technology-focused agreements in the shared ownership, manufacturing, solar energy, automotive, financial services, health care, aviation, hospitality, technology, public relations, and lead-generation industry sectors. We regularly assist in negotiating and documenting SaaS agreements, master services agreements and statements of work, technology systems procurement agreements, domain name purchase and sale agreements, cloud services agreements, and other collateral technology related transactional agreements. 

Our firm also represents large companies in developing decision matrices, clause banks, form agreements and standardized addendums, and checklist-based structured negotiation processes, so that our clients can streamline and improve quality with their in-house processes associated with routine technology transactions.

Cybersecurity & Breach Coach

Cybersecurity affects all aspects of business operation; major incidents can grind operations to a halt and have significant impact to the bottom line. Every enterprise is vulnerable to hackers and social engineers, and our firm assists in addressing cybersecurity matters in both a proactive and reactive role. Aside from our deep expertise in cybersecurity matters, our collective experience in workplace law, commercial litigation, privacy, and business legal matters makes our firm particularly well suited to provide holistic guidance in a variety of legal subject matters entwined with cybersecurity issues.

On the proactive side, we develop strategies (with accompanying policies and workplace training) to minimize corporate cybersecurity risk. We speak geek, and work in tandem with information technology professionals and consultants to make sure information security practices are cost-effective, manageable, and provide commercially reasonable protections. In the event of a breach, our clients are best positioned to rapidly address triage and to take advantage of applicable legal remedies to mitigate harm- as well as to address breach-related workplace, privacy, business, and litigation issues.

On the reactive side, our attorneys are on call 24/7 to assist clients in handling a breach. We can quickly and efficiently address large-scale breaches and have solid working relationships with most major forensic response, public relations, notification, credit monitoring vendors, and law enforcement agencies. We have served as breach coach and litigation counsel in many high-profile and large-scale matters across the country and we routinely assist as breach coaches, quarterbacking all aspects of the data breach lifecycle from coordination with law enforcement, working with insurers, providing assistance in obtaining and directing forensic investigators, all the way through preparation and circulation of legally required notification to affected individuals and regulatory authorities, as well as addressing any associated regulatory investigations and litigation matters.

Our firm also prides itself on providing effective “lessons learned” following breach matters, facilitating conversations with boards of directors and high-level management to direct improvements in data breach prevention and response associated with changes in corporate culture, policies, procedures, and personnel.

Education Law

We represent all types of entities in the educational ecosystem- Universities, virtual school service providers, application developers, content providers, and all types of educational institutions. Our firm understands the legal and business issues relating to schools and teaching. We have experience addressing the complex and interrelated regulatory and legal issues associated with public and private educational institutions, as well as service providers in the educational arena.

We assist in addressing various operational and legal matters, including intellectual property and licensing matters, addressing First Amendment issues, conducting internal investigations, advising in disciplinary proceedings, providing guidance addressing Family Educational Rights and Privacy Act (FERPA) and public records issues, addressing issues associated with the Children’s Online Privacy Protection Act (COPPA), providing guidance and policies regarding firearms on campus, assisting in information security and privacy issues, as well as handling numerous dispute resolution and litigation matters for both public and private educational institutions.

Financial Services

Our firm has significant experience representing financial institutions and money services business in regulatory and operational matters, as well as litigation matters. We have collectively received recognition in Chambers USA for Banking and Finance in Florida and by The Best Lawyers in America© for Banking Law, and our financial services practice is led by the former General Counsel of the Florida Bankers' Association with over thirty years of industry experience.

Our team has experience counseling depository and non-depository financial institutions, as well as financial services providers, in regulatory and operational matters. These include cryptocurrency and blockchain related legal issues, licensure and charter issues, acquisitions, safety and soundness issues, state and federal regulatory compliance, funds transfers (including ACH), operational procedures and liability avoidance, and the USA Patriot Act, including Know Your Customer Rules and Anti-Money Laundering Statutes and Regulations (federal and state), information security and privacy issues, online banking and electronic signature and transaction issues, and have represented the Florida Bankers Association before the state legislature on pending legislation of significance to banks.

We further assist in a variety of litigation matters involving issues of fact and law peculiar to financial institutions in state and federal courts across the country, ranging from the litigation of various consumer protection statutes to nuanced issues of the Uniform Commercial Code.

Health Care

We have extensive experience and expertise in assisting health care institutions, entities, and practices so that they, in turn, may assist others in the maintenance and improvement of health. Our attorneys served in general counsel positions in the pharmaceutical, outpatient services, telemedicine, and health care technology space- we understand the unique issues and business challenges of health care.

Our deep understanding of the legal and business issues surrounding health care allows us to effectively represent hospitals, healthcare systems, outpatient service providers, pharmaceutical companies, and medical device manufacturers in a wide range of matters.

Our work includes representation in compliance, health care transactional, restructuring, litigation, financing, telemedicine, information technology, privacy, cybersecurity, labor, employment, commercial real estate, and other matters associated with the day-to-day operations of health care entities and institutions.

Intellectual Property

Our firm ensures that our clients protect, understand, and appropriately monetize all types of intellectual property. We take a holistic approach to intellectual property matters to ensure that businesses get the most value out of their intellectual property portfolios.

Our philosophy is to first ensure our clients have a deep and total understanding of the landscape of available intellectual property protections, both to determine value and protection strategies for current intellectual property, as well as to ensure proper positioning for growth. Our practice includes the protection and evaluation of copyright, trademark, trade secret, hull and decking features associated with vessel protection filings, as well as other protections associated with intellectual property.

When issues arise, we routinely assist in resolving bet-the-company intellectual property disputes associated with patent, trademark, copyright, trade secret, and vessel protection act litigation.

Internet Law

Our firm handles a variety of Internet, social media, and technology-related legal issues and transactions. We are not luddite lawyers. Our deep understanding of the Internet's technological infrastructure and the associated vernacular enables us to efficiently and successfully tackle Internet-based legal issues. Our team has been recognized by Who’s Who Legal® and The Best Lawyers in America© for information management law and other technology-focused areas of practice.

Our practice includes bringing bills of discovery to identify anonymous online posters, addressing social media defamation and online reputation management, cybersquatting, takedowns associated with trademark and copyright infringement, resolving domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), drafting website terms of service, privacy policies, loyalty program and payment processing agreements, Digital Millennium Copyright Act (DMCA) policies and designations of copyright agents, domain name acquisition agreements, licensing agreements, software as a service (SaaS) agreements, assisting in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and the Children’s Online Privacy Protection Act (COPPA), and the defense of consumer protection and regulatory matters. It further includes working with the Federal Bureau of Investigation and other law enforcement entities in addressing Internet-related issues on behalf of our business clients.

Litigation & Dispute Resolution

We assist clients in resolving disputes. Our firm is frequently retained by businesses in a variety of industries that are confronted with new lawsuits involving complex issues of law and fact. Collectively, we have achieved remarkable results in a variety of groundbreaking and high-stakes matters.

Our litigation bench includes some of the top-ranked litigation counsel in the country according to market surveys, such as The Best Lawyers in America©, Who's Who Legal®, Martindale-Hubbell’s AV® Preeminent™ Peer Review and Client Ratings, and Florida Trend's Legal Elite.

Our wide range of experience runs the gamut from litigation before the United States Supreme Court, to class-action litigations in state and federal courts across the country, to numerous JAMS and AAA arbitral proceedings.

Marital & Family Law

We represent clients in a wide range of family law issues. Our practice includes dissolution of marriage actions, determination of alimony, asset and liability distribution, attorneys' fees actions, establishment of paternity or parentage, enforcement and contempt proceedings, modification actions, child support and child support enforcement actions, child custody litigation, visitation, and timesharing arrangements. We also prepare prenuptial and post-nuptial agreements and obtain cyberstalking and domestic violation injunctions.

Outside of litigation, we can represent clients in the collaborative family law process.  In the collaborative process, each party has his or her own attorney, along with a neutral financial professional and counselor.  The participants follow a protocol to develop resolution options to work collaboratively towards the dissolution of marriage, as opposed to the traditional adversarial litigation process.

Privacy

Our firm routinely guides businesses safely through the complex- and sometimes conflicting- landscape of national and international privacy laws. From counseling to working with regulators when issues arise, we provide privacy solutions for our clients.  We take a holistic approach to privacy, ensuring that businesses thoroughly understand and evaluate applicable privacy regulatory rubrics. Only with such understanding can businesses make informed decisions on business operations depending upon various risk factors. Our firm has extensive experience in a wide variety of industry sectors, ensuring that our guidance is pragmatic and appropriate to commercial reasonable standards.

We represent clients in compliance, transactional, and litigation matters associated with the Internet privacy, the Children's Online Privacy Protection Act (COPPA), the Communications Decency Act (CDA), the Computer Fraud and Abuse Act (CFAA), the Computer Abuse and Data Recovery Act (CADRA), issues of workplace privacy, the Controlling the Assault of Non-Solicited Pornography and Mail Act (CAN-SPAM), telephone call monitoring and recording laws, financial privacy issues related to the Gramm-Leach-Bliley Act (GLBA), health care privacy issues related to the Health Insurance Portability and Accountability Act (HIPAA), as well as matters under the Federal Trade Commission Act subject to enforcement actions.

Private Office Services

Our firm represents individuals and family offices in addressing and resolving issues unique to significant wealth.  Affluence is accompanied by opportunity and challenges.  Many of these opportunities and challenges can be best addressed with the assistance of professional legal advisors.  We serve in a fiduciary advisory role, providing guidance and assistance to our private office clients while working cooperatively with other professional and financial advisors.

Workplace Law

We represent businesses and management in workplace legal issues. On the proactive side, we regularly counsel clients on compliance issues to ensure that our clients have appropriate policies and procedures in place to maintain steady footing on the ever-shifting sands of the workplace legal landscape.

On the reactive side, we represent companies and management in workplace related class actions and complex litigation, charges of discrimination or wrongdoing brought before the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), as well as other state and federal agencies, and also provide representation in addressing corporate governance and investigations, disability and accommodation issues, non-compete and unfair competition issues, wage and hour claims, and workplace safety issues.

Workplace legal issues cannot be effectively addressed in isolation from business realities. Our firm ensures we have full understanding of our clients' business goals, operations, and culture- making it possible for us to give superior legal advice that advances business objectives in a manner true to company culture.

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