Mr. Osherow is a Florida Bar Board Certified Specialist in this area of practice. Over nearly 30 years of practice he has developed expertise in many areas of disputes 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. He believes 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. He routinely counsels 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.
Further, Osherow, PLLC provides selective litigation representation, consulting and advice in the following areas:
Commercial Law, Commercial Litigation and Complex Commercial Litigation - Breach of contract, fraud, misrepresentation, deceptive or unfair trade practices, negligence in performance and general collections matters, such as nonpayment on a promissory note, invoices for goods or services, and recovery for other debts. We may represent the claimant or the business or individual subject to the claims or lawsuit.
Business Ownership Disputes - Joint venture disputes, venture capital disputes, judicial dissolution of business entities, shareholder disputes, partnership disputes, limited partnership/LP disputes, limited liability company/LLC disputes, disputes concerning the purchase or sale of a business, or embezzlement. Occasionally, our cases in these areas concern professional liability issues.
Business Law and Business Litigation - Business torts for fraud, false statements, false financials, securities fraud, theft, misappropriation of trade secrets, theft of confidential business information, conversion of property, interference with business relationships, interference with contracts, bad faith, defamation, libel, slander, unfair competition, vicarious liability for employees, professional malpractice, trademark infringement, copyright infringement and unfair competition.
Employment Law and Employment Litigation - Restrictive covenants, non-solicitation agreements, non-compete agreements, confidentiality agreements, theft of trade secrets, theft of confidential business information, breach of duty of loyalty by employee and restraints of trade. Our cases also frequently involve breach of fiduciary duties and related claims such as conversion and waste of corporate assets.
Real Estate Law and Real Estate Litigation - Breach of commercial lease, landlord and tenant disputes, residential real estate fraud, misrepresentation, breach of contract, escrow disputes over real estate deposits, disputes concerning title to property, partition actions, and errors in deeds, such as removing a cloud on title or quieting title.
Technology and Internet Law - Copyright infringement, trademark infringement, breach of contract, domain name disputes, cyber-squatting litigation, disputes with Internet Service Providers (ISPs), website design disputes and interference with website operations.
Osherow, PLLC handles selected construction matters involving the following:
Construction and Design Defect Claims
Construction lien and bond disputes
Breach of Contract
Scope of Work Disputes and claims related to Change Orders
Delay, Disruption, and Acceleration Claims
Construction defects and subcontractor disputes
Claims alleging design and construction errors and omissions
Claims involving architects and interior designers
Arbitration and Administrative Hearings
Building envelope failures, water intrusion, and mold issues
Claims for extras, delay, acceleration, disruption, loss of productivity, and out-of-sequence work
Contract drafting and negotiations
Insurance Coverage and Claim Analysis. Business law, business lawyer, litigation.
Osherow, PLLC represents employers represents employers in labor and employment law matters, including:
Osherow, PLLC represents employers in federal and state courts, as well as before administrative agencies such as the Equal Employment Opportunity Commission, the Florida Commission on Human Rights, the Public Employees Relations Commission, and various state EEO deferral agencies.
The demographics of South Florida have made this area of practice one in which Osherow, PLLC is well poised to assist the discerning individual seek relief in complex disputes involving rights under will and trusts. Osherow has significant trial and hearing experience and is well suited to develop a claim or defense for presentation before the probate courts. The firm takes pride in attention to detail and working with his clients to develop the best strategy to address the key issues in dispute. Osherow's experience in probate litigation, including will contests, claims of undue influence or lack of capacity, probate accountings, actions brought against personal representatives and trustees, and actions involving creditor claim. Issues involving estate planning and trust issues can be handled through our extensive array of competent consultants and estate planning counsel who often work with us to develop strategy and analyze underlying issues related to the trust and estate planning process that lead to litigation issues.
Trade secrets and other proprietary information are often among our client's most valuable assets, and high stakes threats may come from competitors, suppliers, former employees and others. When a client faces potentially devastating harm due to unfair competition or theft of trade secrets, quick and decisive action is critical, and it is often necessary to pursue emergency injunctive relief. In this important area, which is a main focus of the firm, we have handled many matters in this area of practice for clients ranging from large financial, retail, and manufacturing companies to local companies and individuals. We have significant successful trial and injunctive hearing experience.
Our services include handling high stakes litigation over non-compete agreements and theft of trade secrets, theft of intellectual property, including trademarks and copyright claims, pursing injunctive relief, including emergency relief. Coordinating the computer, phone, and other electronic device searches necessary to fully investigate theft of trade secret claims, analyzing the enforceability of restrictive covenants, advising about policies and practices necessary to maintain trade secret protection, advising clients accused of misappropriating trade secrets or breaching their non-compete agreements or fiduciary duties, advising as to strategies for the recovery of stolen trade secrets, and resolving non-compete disputes pre-litigation, are among the critical services we are trained to provide. Osherow also litigates under the Defend Trade Secrets Act (DTSA) and under Florida's CADRA -- the Computer Abuse and Data Recovery Act, enacted in 2015.
We are frequently engaged to litigate claims involving deceptive trade practices and consumer deception and fraud, and that arise from business transactions. Any time a competitor usurps goodwill or reputation, or causes confusion in the marketplace about the source of a good or service, the competitor has engaged in unfair competition. Also included under the umbrella term of unfair competition are trademark infringement, trade secret misappropriation, and false advertisement. Florida's Deceptive and Unfair Trade Practices Act
In Florida, unfair competition claims are primarily governed by state law, including common law and the Florida's Deceptive and Unfair Trade Practices Act (FDUTPA). However, if the claim involves the misappropriation of intellectual property, including a trademark or copyright, federal law may also apply. When a claim arises under FDUTPA, Florida law offers attorney's fees, to a prevailing claimant. Some of the unfair competition and deceptive business practices claims that we handle include: