The practice of employment law includes drafting and review of a company's employee handbook, audit of HR records, development of an affirmative action plan, and examination of a company's categorization of its employees as either salaried or hourly. In today's litigious legal environmental, it's critical to make sure hourly employees do not work off the clock, are paid overtime where appropriate and are provided an avenue to correct time worked and pay if an employee identifies any errors in time keeping/pay.
Through a careful review of a company's time keeping and pay policies, a businss is better able to reduce risk and avoid costly litigation. When litigation does arise, we provide professional representation in both state and federal courts in Florida and Tennessee and through association with Affiliated Business Counsel, we are able to coordinate representation in most other states. We have experience in employment law litigation including sexual harassment, all forms of discrimination including age and disability, wage and hour (overtime).
disputes, Family Medical Leave Act Claims, Whistle-blower claims, USERRA, HIPAA, COBRA, OSHA and the Equal Pay Act.
Intellectual Property Law
We also repesent businesses and individuals in the complex area of intellectual property law. This work includes trademrk and copyright registration and litigation. We similarly represent businesses and individuals in the creative world of entertainment law. This includes drafting and negotiating all types of contracts for artists, managers, producers and promoters. For copyright owners, this may also include drafting, negotiating and when necessary litigating of royalty agreements and licensing aggreements. For artists and others, we we also work on behalf of copyright owners to recapture rights in accordance with the Copyright Revision Act of 1976. Whether its registering a copyright to your work, negotiating a licensee or litigating a trademark, we can help.
This area of practice includes contract development, contract review, and litigation of contract disputes. This covers a broad range of contracts including employment contracts, non-competition/non solicitation agreements, UCC agreements, real estate contracts, confidentiality agreements, service agreements, copyright agreements, purchase/sale of business contracts (asset sale); indemnification agreements, corporate documents and agreements, severance agreements among others. Contact our office to discuss your specific contract needs.
This area of practice focuses on workers and businesses. Whether traveling to or from the U.S. for temporary work, hiring a temporary nonimmigrant worker (or are the spouse or children of a nonimmgrant worker), hiring a permanent worker or are in need of a green card, please contact our office
ADA Risk Analysis, Mitigation and Defense
Throughout the U.S., the volume of "drive by" ADA lawsuits has risen dramatically. In Florida, for example, several disabled individuals have been approved by the Federal Courts to be "testers". These testers file numerous complaints against businesses often on a daily basis allegating numerous violations of the ADA. Through years of defending ADA lawsuits, we are able to identify allegations which are simply NOT violations of the ADA. Other allegations may lead a business owner to incurr significant costs to make a correction when a cheap and easy "work around" may exist. We offer both site inspections to identify ADA issues (to avoid lawsuits) and defense when litigation arises. Inspections are cheap. Litigation is not. Food for thought.
I have a successful business and want to expand. Do I keep all business under one corporate "roof" or license my idea (my intellectual property) to others (e.g. software)? Or should I try to attract franchisees. That's a tough decision and there are a number of issues to consider. We have represented both franchisors and franchisees in a variety of legal matters and can help.
Other/Common Law Litigation
We likewise represent business and individuals in many areas of common law including defamation, breach of contract, invasion of privacy, tortious interference with contractual relations, fraud, promissory estoppel, intentional and negligent infliction of emotional distress, negligent hiring (supervision, and/or retention), assault & battery, false imprisonment, and related claims.