We provide advice and counsel in the following areas: Business Law-Litigation Business Litigation

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Business and Commercial Litigation

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.  

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.  

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.

Construction Law and Litigation

Osherow, PLLC handles selected construction matters involving the following: 

Contract enforcement

Lien Foreclosure 

Construction defects and subcontractor disputes

Arbitration and Administrative Hearings 

Breach of Contract

Building envelope failures, water intrusion, and mold issues

Claims alleging design and construction errors and omissions

Claims for extras, delay, acceleration, disruption, loss of productivity, and out-of-sequence work

Construction lien and bond disputes

Construction and Design Defect Claims

Contract drafting and negotiations

Delay, Disruption, and Acceleration Claims

Scope of Work Disputes

Termination Actions

Insurance Coverage and Claim Analysis. Business  law, business lawyer, litigation.. 

Employment Law and Litigation

Osherow, PLLC represents employers represents employers in labor and employment law matters, including:

  • Litigation and Arbitration
  • Alternative Dispute Resolution (ADR) and Mediation 
  • Fair Labor Standards Act and other actions involving wage and hour regulations
  • Wrongful termination
  • Non-competition and confidentiality enforcement and restraints of trade
  • ERISA Benefits Litigation and  Consulting
  • Discrimination cases based on race, sex, age, disability, national origin and religion
  • Harassment issues
  • Whistleblower retaliations
  • Public accommodation cases under the Americans with Disabilities Act (ADA)
  • Employment Policies and Procedures 
  • Management Development and Training (seminars and presentations)

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. 

Probate and Trust Litigation

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 hearing and trial experience and is well suited  to develop a claim or defense for presentation before the probate court. He takes pride in his 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. 

Non-Compete, Trade Secrets and Restraints of Trade

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.  We have handled matters in this area of practice for clients ranging from large financial, retail, and manufacturing companies to local companies and individuals. We have  trial and injunctive hearing experience. Our services include handling high stakes litigation  over non-compete agreements and theft of trade secrets, 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. Mr. Osherow also litigates under the new Defend Trade Secrets Act (DTSA) and under Florida's CADRA -- the Computer Abuse and Data Recovery Act, enacted in 2015. 

Fraud, Deceptive Practices, Unfair Competition and Consumer Litigation

We 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:

  • Fraud
  • Misrepresentation
  • Unconscionable contracts
  • Trademark infringement
  • Copyright infringement
  • Misappropriation and theft of trade secrets
  • Business defamation (libel and slander)
  • Antitrust Violations
  • Predatory Pricing and False Advertising
  • Tortious interference with business relationships
  • Breach of Fiduciary Duty
  • Violation of non-competition and non-solicitation agreements

We also provide services in these areas:

Mark R, Osherow Photo Osherow, PLLC

Creditor's Rights and Remedies

ERISA Litigation

Insurance Law, Coverage, and Litigation

Mediation, Arbitration and Other ADR Services

Business Consulting, Risk Analysis and Litigation Avoidance Strategies

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