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Commercial Litigation

Broad and Cassel counsels our clients to prevent litigation, but when a litigation issue does arise, we stand committed to providing our clients with the highest caliber legal representation available in the State of Florida. Our experienced litigation attorneys have litigated in complex business cases for more than 65 years.

Aggressive. Efficient. Focused. These are the words that best describe our philosophy toward litigation. At Broad and Cassel, we prefer to consult with our clients in the beginning stages of a contested matter to review and discuss potential strategies, and evaluate the costs and benefits associated with each option. From day one we are analyzing the most effective ways to resolve the dispute while developing trial strategies should they be necessary.

Because we have nearly 170 attorneys in nine offices located throughout Florida, Broad and Cassel is well equipped to handle our clients' requirements for counsel on a statewide basis. We have the resources and personnel to tackle the most complex cases.  And, we have extensive knowledge about issues unique to Florida. We keep the client informed every step of the way.

When a case cannot be settled or won by dismissal or summary judgment, our litigation attorneys have a natural affinity for the courtroom. Our trial lawyers are as skilled at winning cases before a jury, as they are at producing favorable results through pretrial litigation strategies, including dispute resolution.

Simply stated, our overriding objective is to provide a superior result in the most efficient and cost-effective manner possible. Broad and Cassel has learned through many years of experience that most cases can be won - or settled favorably - by developing highly focused, innovative and cost-conscious litigation strategies, from the inception of the case through resolution. These strategies often involve complex eDiscovery and ESI issues with which we work closely with our clients to ensure that the issues are cost effectively, professionally and appropriately met within the context of each matter.


Litigation Experience

Our experience in litigation includes the following:

Business Litigation

Our attorneys are well-versed in disputes primarily involving businesses and the relationships of individuals to those businesses, including but not limited to, disputes between shareholders; disputes between partners; disputes between a shareholder or partner and the business; or the business and a shareholder or partner. Our attorneys believe in advising businesses about various types of risks and evaluating the risks of undertaking or defending a lawsuit or other proceeding. These disputes can involve settlement conferences, mediation, arbitration, litigation, administrative proceedings and occasionally proceedings before other tribunals. Our business litigation attorneys routinely counsel clients on securities disputes, partnership, shareholder and minority interest litigation matters, non-competition and trade secret issues, breach of contract, contract defense and breach of fiduciary duty issues, employment law and litigation, fraud and deceptive trade practices and consumer fraud litigation issues.

Administrative Law Disputes

We have an active lobbying practice in Tallahassee, and our attorneys are able to present a client's position in an effective manner before state legislative and administrative bodies. We protect our clients' interests in dealing with government by employing several related strengths: firsthand knowledge of Florida government; the time and cost-efficiency of specialized knowledge; and proven problem solving. Our attorneys regularly appear before all levels and branches of government - municipal and county boards, regional and district boards, state agencies, and the Cabinet, Supreme Court, Legislature and Office of the Governor.

Our background in state and local government, particularly in the firm's Tallahassee office, is invaluable. Our attorneys possess in-depth knowledge of the intricacies of government and are recognized as experts in governmental practice.

Appellate

Teamwork is an important part of appellate law, and our attorneys often consult with their peers from other practice areas within the firm to best serve client needs. Over the years, we have represented clients in a variety of industries in virtually every area of law. Every lawyer in the group has substantial appellate experience and maintains an active and ongoing appellate practice. Collectively, we have litigated appeals involving a broad range of civil, criminal and administrative matters in every jurisdictional setting in Florida. Our attorneys know many of the judges well and have practiced before them for many years. Our reputation for quality workmanship, innovative arguments and straightforward presentation gives us high creditability in our submissions to the Court of Appeals. The strength of our appellate team arises from the skill and experience of our attorneys, who have litigated significant cases before the United States Supreme Court and the Florida Supreme Court.

Bankruptcy and Creditors' Rights

Our attorneys have extensive experience representing both creditors and debtors in bankruptcy, workouts and reorganizations. When approaching these types of matters, we layout individually targeted strategies designed for the special needs of each client, with the goal of representing our clients aggressively, minimizing hardships and maximizing the opportunities associated with these difficult situations. Clients benefit from our extensive experience in bankruptcy-related matters. On the creditor’s side, we understand the operations of a financial institution's Special Assets Department. On the debtor’s side, we work closely with in-house counsel and lawyers from around the country. If possible, we try to resolve bankruptcy issues outside of the courtroom. However, when necessary, we represent clients in proceedings before the United States Bankruptcy Courts, the U.S. District Courts and state courts throughout Florida.

Computer and Technology Litigation

We recognized the need for computer and technology - specific law professionals long ago and established a Computer and Technology Practice Group to best serve clients that manufacture, develop, sell or purchase information and technology systems. Our Computer and Technology Practice Group provides legal counsel to all kinds of businesses in three primary areas: representation of buyers and sellers of computer and information systems; legal counsel to computer and technology companies - from start-ups to established Fortune 500 companies; and litigating various disputes on behalf of technology providers. We are also one of the country's leaders in the integration of technology into the practice of law. The result is consistently top quality representation, improved client service and increased cost-effectiveness.

Constitutional Law and Governmental Litigation

Our team of attorneys is exceedingly capable of handling complex constitutional, statutory and regulatory matters, including litigating cases involving state and local taxes or other exactions, reimbursement programs, licenses or permitting, regulatory takings of property, civil rights, and government contracts. Our team has successfully represented private parties and government agencies and officials at all levels, including administrative action, trial courts, and state and federal appellate courts. We offer premier litigation service for society's tough issues.

Construction Law and Litigation

Construction-related disputes are serious issues faced daily by construction and architectural design firms, contractors, sub-trades and material suppliers, governmental agencies, real estate development companies and owners of real estate portfolios. Our Construction Law and Litigation Practice Group has extensive experience in the resolution of complex claims, helping clients manage and control litigation and arbitration costs and avoid unnecessary court action whenever possible. A full range of services is offered to owners, general contractors, construction managers, sureties, engineers, architects, subcontractors and material suppliers. We have successfully guided clients through matters such as: building envelope failures, water intrusion, and mold issues; contract drafting and negotiations; project dispute resolution procedures including dispute resolution boards, mediation and arbitration; breach of contract claims; claims alleging design and construction errors and omissions; claims for extras, delay, acceleration, disruption, loss of productivity and out-of-sequence work; and construction lien and bond disputes. Our objective is always to provide resources, responsiveness, results and superior client service.

Consumer Financial Services Litigation

Broad and Cassel clients benefit from our vast experience serving as counsel to numerous financial services organizations with operations in Florida. Our clients include locally based community banks and thrifts, large regional banks, lenders and loan servicers, as well as some of the largest financial institutions in the world. By understanding our clients, our Firm has emerged as a leader among Florida law firms in this increasingly complex, highly regulated industry.

Our team of highly skilled litigators understands the scrutiny faced by the financial services industry. Challenges raised by more aggressive borrower’s counsel and Florida courts who have become more receptive to borrower’s technical arguments require lender’s counsel to proactively address any systemic weakness in their client’s standard procedures. When these challenges are faced, we stand ready to step in and guide our clients and their personnel through the process.

Laws and regulations are being changed and passed at a frantic pace. Our attorneys are well versed in federal and state statutes and regulations affecting the financial services industry. These include the Truth in Lending Act, Fair Debt Collection Practices Act and its Florida counterpart (which unlike the Federal Act, applies to creditors as well as debt collectors), Real Estate Settlement Procedures Act (RESPA) and Fair Credit Reporting Act (FCRA).

Eminent Domain

We are widely recognized as one of the premier Florida law firms in the area of eminent domain and condemnation. For more than 65 years, we have represented both condemning authorities, as well as property owners involved in condemnation actions. Our attorneys handle virtually every aspect of eminent domain and condemnation matters - both routine and complex. Our philosophy is simple: To minimize legal expenses while delivering the best possible outcome for our client. We serve as trusted advisors and counselors to our clients. When representing condemning authorities, our goal is to deliver the property in the most efficient and cost effective manner possible. When we represent the property owners affected by the condemnation process, our experience and knowledge in representing condemning authorities proves invaluable, as we strive to obtain the highest possible dollar amount for the subject property.

Health Law Litigation

Our Health Law Practice Group is intimately aware of the complex issues faced by health providers, suppliers and consumers. As our health care clients can testify, we are committed to providing exceptional legal counsel. We serve as advisors and counselors to our clients in this challenging industry. For more than 30 years, we have successfully handled matters in virtually every area of health law and with all types and sizes of health care clients.

We provide our clients a full range of legal counsel, including: third party reimbursement, which includes Federal Health Programs such as Medicare and Medicaid and private payor programs; health law litigation and dispute resolution, including Medicare and Medicaid Reimbursement Disputes; mergers and acquisitions/Integrated Delivery Systems; provider operations; Federal Health Program Counseling and Advice; Health Maintenance Organizations (HMOs) and other managed care entities; physician groups; legislative and regulatory; licensure and Certificate of Need (CON); and fraud and abuse (criminal, civil and administrative).

Intellectual Property Litigation

For many companies, intellectual property is the most valuable asset of the organization. Our Intellectual Property attorneys help clients create their intellectual property assets, exploit opportunities to create added value through licensing and acquisition obtain financing and protect against infringement by unauthorized parties. We provide legal counsel involving intellectual property to a wide array of clients. When it comes to dispute resolution, our intellectual property litigation attorneys have a broad base of experience and have litigated several high profile cases. Our attorneys represent clients in offensive, as well as defensive, intellectual property litigation and have counseled them on resolution of intellectual property disputes both in courts and in proceedings before the United States Patent and Trademark Office. The result of our attorney’s hard work is the highest quality legal services and business advice for hundreds of companies doing business in Florida and around the world.

Labor and Employment

For many companies, managing the workplace has become an increasingly complex and litigious part of running their business. Luckily we have built one of the most comprehensive and experienced Labor and Employment practices in Florida. Our attorneys believe in litigation prevention and work with clients to prevent unfavorable developments before they happen. When litigation does arise, our attorneys operate on two fundamental principles: 1) To aggressively represent our client's interest to obtain the most favorable result, and 2) To minimize the legal fees and related costs associated with any claim. To accomplish these objectives, we work in close partnership with our clients to evaluate cases on the front end. After that, we develop a case-specific litigation strategy and execute that strategy in the most cost-effective manner possible.

Our attorneys have successfully represented clients in union organizing attempts and have handled collective bargaining negotiations. We also routinely represent employers in federal and state courts, as well as before administrative agencies such as the Equal Employment Opportunity Commission, the Public Employees Relations Commission and various state EEO deferral agencies. We have noteworthy experience in employment litigation, including: employment policies and procedures manuals; management development and training; discrimination cases based on race, sex, age, disability, national origin and religion; whistleblower retaliations; Family Medical Leave Act; sexual harassment issues in the workplace; public accommodate in uses under the Americans with Disabilities Act (ADA); issues involving wage and hour regulations; and wrongful termination.

Land Use and Environmental Litigation

Our Land Use and Environmental attorneys are leaders in their field and have been selected to represent clients before dozens of local municipalities and counties, the Florida Department of Environmental Protection, Water Management Districts, the Florida Department of Community Affairs, the United States Environmental Protection Agency, the United States Department of Army Corps of Engineers, the United States Department of Interior Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Fish and Wildlife Conservation Commission, the Governor and Cabinet sitting in a variety of capacities, including the Board of Trustees of the Internal Improvement Trust Fund and the Florida Land and Water Adjudicatory Commission, the Florida Department of Transportation, and the Department of Agriculture and Consumer Services. In addition to appearing before these governmental bodies, our attorneys have extensive experience in State of Florida Division of Administrative Hearings administrative adjudication, rule challenge and other proceedings, and in Circuit and Appellate Courts, both in actions for declaratory relief and in appellate actions, regarding land use, zoning, environmental, and other regulatory issues.

Real Estate Litigation

Since its inception in 1946, we have has grown to become one of the largest and most sophisticated real estate law firms in the state. We’ve handled virtually every type of real estate and business transaction, representing buyers, sellers, developers and lenders of all types and sizes. Unfortunately, disputes arise from time to time. We counsel our real estate clients on ways to prevent litigation from ever happening in the first place, but when a litigation issue does arise, we stand committed to providing our clients with the best legal representation available in the State of Florida. Our attorneys concentrate in resolving disputes involving all aspects of the sale, development and financing of real property. Many of these matters generally fall into the following areas of law: Foreclosure and Deed-in-lieu of Foreclosure; Contract Disputes involving the Sale of Real Property; Lease Defaults and Injunctive Relief; Eminent Domain and Condemnation; Broker Commission Disputes; Landlord/Tenant Issues; Zoning, Land Use and Environmental Disputes; Property Tax Disputes; Premises Liability Issues; Title Insurance Claims; and Lis Pendens Issues. In the event that you or your company faces a dispute involving real property in Florida, we invite you to consider our experience and credentials.

Probate Litigation

Probate administration can be very complex and time consuming. Our attorneys are widely recognized for their experience with virtually all issues that arise in the course of administering a trust, estate or guardianship. Broad and Cassel’s Estate Planning and Trusts attorneys serve as trusted advisors and provide our clients with unmatched service and advice throughout the probate process.

Unfortunately, disputes sometimes arise during probate administration. By combining the knowledge of our estate planning and trust attorneys with our seasoned litigators, we are able to provide our clients with the best possible representation. Our attorneys have extensive experience in all areas of probate litigation, including will contests, claims of undue influence or lack of capacity, probate accountings, actions brought against personal representatives or trustees, all aspects of federal and state tax litigation (including tax appropriation issues), elective share issues and actions involving creditor claim.

Securities Litigation

Our firm's lawyers have extensive experience in securities industry litigation. We have represented individuals, public and private entities, broker-dealers, insurers, investors and municipalities in cases involving securities law issues at the state and Federal levels. We have represented clients in connection with investigations and actions initiated by the SEC, FINRA and state securities regulators. Additionally, we have served as receivers for several entities prosecuted by the SEC for engaging in securities fraud in which our efforts were concentrated on recovery for defrauded investors.

White Collar Defense and Compliance

Institutions and individuals confronting all phases of criminal, civil, and even administrative fraud matters – from investigation through trial and on appeal-consistently turn to Broad and Cassel attorneys. Clients benefit from our extensive experience in investigative matters and jury and non-jury trial experience, as well as appeals, not only in Florida courts, but also throughout the United States. When it comes to the representation of corporations or individuals faced with a white-collar criminal or civil defense matter, we offer the experience, talent, and sophistication that few law firms in Florida can match.

Our attorneys have a sophisticated understanding of how government investigators work at every level, as well as our clients’ operations and workforce. We believe in litigation prevention. Team members have experience and proven success in the informal resolution of investigations, without formal criminal or civil fraud enforcement action. We also have unsurpassed experience in dealing with fraud matters in its many forms (criminal, civil and administrative) and with all its collateral consequences, such as Federal and state sanctions and disciplinary matters and government debarment and exclusions and contractual relationships. We have experience in representing clients before federal and state grand juries; criminal, civil and administrative agency investigations and prosecutions; quasi-criminal enforcement proceedings; jury trials and related complex civil litigation.