Commercial Litigation

Dean Mead's Commercial Litigation Team includes attorneys throughout the firm who extensive experience in a wide range of disputes. Our team regularly handles trial and appellate matters in both state and federal courts and before arbitration and administrative tribunals.

Because litigation can be costly and time consuming for our clients, we seek practical solutions to avoid litigation whenever possible. Our team is experienced in alternative dispute resolution to assist clients in promptly addressing legal disputes prior to or at an early stage of litigation. However, if litigation cannot be avoided, our Team has substantial trial experience and we stand ready to represent clients in court.

Complex Commercial Litigation

Our Commercial Litigation Team regularly handles complex commercial litigation matters on behalf of clients, including breach of contracts, enforcement of non-competes, commercial torts, general business litigation, breach of fiduciary duty, class action, tortious interference, financial services, securities, RICO and other statutory causes of action, and professional liability cases.

Construction Litigation

Our Team has extensive experience representing the construction industry in defending and prosecuting claims. This experience includes construction defect claims, differing site conditions, acceleration, changes, defective plans and specifications, delay, disruption, labor inefficiency, suspension and termination.

Creditors' Rights

Our Team includes attorneys who focus their practice on bankruptcy and creditors' rights, including the formulation and confirmation of plans of reorganization; liquidation plans; prepackaged plans; representation of creditor and bondholder committees; cram-down litigation; litigation involving unexpired leases and executory contracts; litigating avoidance actions; debtor-in-possession financing; valuation proceedings; post-petition financing; acquisitions of stock and assets; asset sales; going-out-of-business sales; automatic stay litigation; and bankruptcy appeals.

In addition, we have handled complex foreclosure actions on all types of properties, including shopping centers, hotels, office buildings, apartment complexes, restaurants, assisted living facilities, nursing homes and agricultural properties. We represent multi-state lenders and holders of securitized loans in lender liability claims, receiverships and rent sequestration issues. Our attorneys regularly appear in both state and federal courts on many other creditor/debtor issues, including pre-judgment remedies such as replevin, garnishment and attachment. We also assist our clients in post-judgment execution, including the domestication and enforcement of judgments of other states and foreign countries, and prosecuting fraudulent transfer claims.

Eminent Domain and Real Property Disputes

Our Team represents developers, investors, businesses, banks and property owners of all types in matters involving governmental and quasi-governmental acquisition of private property interests and rights. We work with clients that have lost the function or use of property as a result of burdensome governmental regulations. This representation includes negotiated resolutions, administrative hearings and litigation. In addition, our Team litigates many other real property disputes where the government is a potential party. We routinely handle due diligence and real property valuation, including the representation of clients involved in valuation and related disputes.

Intellectual Property

Our Team has significant experience in litigating complex patent, trademark, copyright, trade secret and unfair competition disputes. Our litigators have experience trying a wide variety of matters from "bet the company" litigation to small licensure enforcement cases, from complex metatagging and trade dress actions to more commonplace word-mark matters.

Labor & Employment

Dean Mead's Litigation Team represents employers in a variety of matters, including employment discrimination disputes, employment contracts and policies, employee benefits, employee safety, reductions in workforce and whistleblower situations.

We advise employers concerning their obligations under the Fair Labor Standards Act, including assisting them in responding to wage and hour audits. We defend our clients against complaints and in litigation brought to recover unpaid minimum wages and/or overtime under the Equal Pay Act.

Employment Discrimination Disputes. We represent employers in race, sex, sexual harassment, age, disability, pregnancy, national origin and HIV employment discrimination proceedings before federal, state and local equal employment agencies as well as in the federal and state courts. We also advise our government contractor clients in meeting their affirmative action obligations under the applicable laws.

Employment Contracts and Policies. We draft employment contracts and noncompetition/restrictive covenant agreements and litigate their enforcement in the courts. In addition, we prepare personnel policy manuals as well as review our clients' existing handbooks and affirmative action plans for compliance with applicable EEO, OFCCP and other federal and state governmental regulations.

Our lawyers are experienced in advising clients concerning polygraph, information disclosure, employee screening (including application forms and tests), drug testing, and AIDS policies and problems. We also advise clients about the hiring, compensation, promotion/demotion, termination, unemployment compensation, and retirement of employees.

Employee Benefit Programs. We are experienced in all areas of employee benefits planning, including qualified pension and profit sharing plans, stock bonus plans and ESOPs, multi-employer benefit plans, nonqualified deferred compensation and retirement arrangements. We also have organized health, disability and life insurance plans, cafeteria plans, stock option plans and other fringe benefit programs.

Our benefit lawyers have significant experience in the defense of benefit claims and other benefit-related litigation. They work closely with other practice areas including corporate/securities, tax, financial institution lending, and acquisitions and mergers.

Employee Safety and Health Matters. Our employment lawyers assist clients in complying with the applicable Occupational Safety or Mine Safety and Health Act regulations. We represent those clients in contesting citations issued by the regulatory agencies and in defending citation enforcement litigation and employee retaliation claims.

Reductions in Force. We advise employers on the legal requirements and proper execution of reductions in force, prepare all supporting documentation and address issues unique to individual employee situations.

Whistleblowers. Our attorneys have been advising clients about employee claims of "retaliation" and defending employers in whistleblower situations long before the enactment of Sarbanes-Oxley (SOX). Although SOX has created an entirely new federal source of whistleblower claims, our attorneys not only defend our clients in these new SOX claims but also continue to represent employers opposing whistleblower claims filed under nearly a dozen other federal statutes and many state laws.

Real Estate Litigation

Our Litigation Team has extensive experience with real estate disputes ranging from simple appeals of local government decisions to complex litigation to obtain or defend land use approvals and protect private property rights at the local, regional and state levels.

Litigation in these areas arise within a variety of contexts related to the acquisition and development of real estate, such as disputes arising from a contract to sell or purchase property, disputes related to closing on the sale or purchase of real property, disputes arising from the extent of ownership of property (such as title, boundaries and rights conferred by ownership), disputes with governmental agencies charged with overseeing development approvals and permits required for development of property, defense against opposition to such approvals made by third parties such as neighboring property owners and environmental groups, and defense of enforcement actions filed by regulatory agencies that oversee use and development of real estate within Florida.

• Appeal of local government decisions related to rezonings, site plan approval, building permits, and other land use approvals
• Writs of Mandamus to order local governments to issue land use approvals or permits
• Comprehensive plan challenges before the Department of Community Affairs and Division of Administrative Hearings,
• Challenges to Developments of Regional Impact before the Division of Administrative Hearings
• Challenges to Mitigation Bank permits involving Regional Water Management Districts and the Division of Administrative Hearings
• Challenges to Water Management District permits
• Challenges to Department of Environmental Protection permits
• Challenges to Army Corps of Engineers permits
• Regulatory takings
• Claims for compensation under the Bert J. Harris, Jr. Private Property Rights Protection Act
• Proceedings before State of Florida administrative agencies under Florida's Administrative Procedures Act
• Federal and state court enforcement challenges
• Environmental compliance challenges
• Hazardous waste contamination challenges
• Contractual disputes related to acquisition of real property
• Title disputes
• Boundary disputes
• Riparian rights disputes
• Ad valorem tax challenges
• Condemnation actions

Trust, Estate and Fiduciary Litigation

Executors, trustees and other fiduciaries who are held to the highest and strictest standards of duty, good faith and accountability are frequently sued by disgruntled beneficiaries or co-fiduciaries. Our Team advises fiduciaries, both professional and occasional, on ways and means to avoid litigation.

Additional Areas of Experience