Business Litigation

Our focus is business law and litigation and litigating business disputes is the main stay of our firm. From small, family owned businesses to publicly traded corporations, we have helped businesses to resolve business disputes of almost all types and in a wide variety of industries. We have represented small businesses in “bet the company” lawsuits as well as large, multinational corporations where billions of dollars were at stake. Our experienced business lawyers understand business and know how to work with businesses and their in-house counsel to resolve business disputes. We recognize the importance of finding creative, non-litigation solutions, but have the knowledge and experience to take a complex business case to trial and all the way through appeal . We have extensive experience in both jury and non-jury trials, (see “Litigation Successes”), as well as in mediation and domestic and international arbitrations.

G. Donovan Conwell, Jr.

Contract disputes Business fraud Intellectual property litigation Technology and internet litigation RICO Financial institution litigation Real estate litigation Construction litigation Securities litigation Corporate governance litigation Mediation

Domestic and international arbitrations State and federal court appeals Injunctions Computer fraud and abuse litigation Web site liability dispute resolution Invasion of privacy On-line defamation Computer system failure litigation Debt collection liability Replevin Secured transactions

Intellectual Property Law*

Although well-versed in general business litigation, Conwell Kirkpatrick is one of the few boutique Florida law firms that has a focus and special expertise in Intellectual Property Litigation. Nearly every business today has a wealth of intellectual property issues. Whether your company is creating cutting edge software, in the manufacturing sector, or providing services, we can help you obtain the broadest protection available. We can advise you on whether your best approach would be registering your intellectual property with the Copyright Office or the Patent and Trademark Office or protecting your company’s rights as trade secrets. Our experienced IP attorneys are adept at writing agreements to protect and license your patents, trademarks, copyrights, or software, or any other form of intellectual property. And if your competition or your former employees infringe, we will aggressively protect your rights in the state and federal court systems as well as before Florida and federal administrative agencies.

G. Donovan Conwell, Jr.
Jim Matulis
Dineen Pashoukos Wasylik

Intellectual property litigation
Intellectual property counseling
Intellectual property licensing
Copyright protection and litigation
Trademark protection and litigation
Trade dress protection and litigation
Patent protection and litigation
Trade secret protection and litigation
Dilution
Unfair competition
False advertising
Counterfeiting
Cybersquatting
Invasion of privacy and model releases

(*we do not provide patent prosecution services)

Technology & Internet Law

In the twenty-first century, the role of technology is becoming ever more important in allowing the United States to remain competitive in a global marketplace. Even for companies that are not technology-based, the internet plays an increasingly important role in the success of a business. Nearly every business has an internet presence, whether it posts an “information only” website or hosts an e-commerce website serving the entire United States and beyond. Even companies that have no internet presence must contend with the internet activities of others, including policing its trademarks, ensuring its trade secrets are not being published, and protecting its reputation from the unfair statements of others. As a Florida law firm focusing on the protection and enforcement of technology, we have a great deal of experience working with experts on cutting edge technology and software issues. Our experience in the courtroom allows us to work with our clients to negotiate deals and draft agreements that protect our client’s rights at the outset of a business relationship and minimize the risk of costly disputes later.

Technology litigation Domain name disputes Computer fraud and abuse litigation Web site liability dispute resolution Web site development agreements Website end user license agreements Technology licensing Technology distribution agreements System development agreements

Technology acquisition agreements Software development contracts Software support agreements Software Licensing Technology consulting and development agreements Invasion of privacy On-line defamation Computer system failure litigation

Real Estate Litigation

Florida real estate has long been a dominant driver of the Florida economy. Whether the Florida real estate market is up or down, a host of legal issues confront the developers, lenders, landlords, buyers and sellers who seek to profit in that market. The attorneys at Conwell Kirkpatrick have the experience it takes in Florida real estate litigation to help clients resolve most real estate related disputes. Our attorneys have represented banks and other lenders, real estate developers, small and large corporations and individuals in a wide variety of real estate litigation, including contract disputes, construction litigation, lender liability, mortgage foreclosures, real estate investment scams, and quiet title disputes.

Quiet Title
Foreclosures
Real estate investment scams
Lender liability
Landlord/Tenant
Vendor/Purchaser disputes
Public and private nuisance claims
Fraudulent conveyances

Unfair Competition & Non-Compete Agreements

Competition is at the heart of our free enterprise system. But what are the boundaries of fair competition? What product claims can your business make without running into trouble with government regulators or litigation with competitors? How far can your business go in a contract to restrain an employee or business from competing with you or soliciting your customers? When does competition go too far and become tortious interference with a contract or advantageous business relationship? The answers to these questions are not always clear or certain, leading to an explosion of litigation in the business world over issues of unfair competition. As a Florida law firm focused on serving the business community, Conwell Kirkpatrick has the experience and know how required to guide businesses through these thorny issues and to protect your business in the complex litigation that arises over issues of unfair competition.

Non-competition agreements
Non-solicitation agreements
Covenants in restraint of trade
Theft of trade secrets
Federal Trade Commission investigations
Attorney General investigations
Unfair and deceptive trade practices
Product disparagement
Tortious interference claims

Business Entities

Businesses often encounter disputes within their own ranks. Owners or managers don’t agree on issues of corporate governance. Minority shareholders contend that they were treated unfairly. Officers, directors or managing members engage in self dealing. We work with clients to seek solutions to these internal problems that address the needs of the company and the individuals involved. When a business solution cannot be found, we protect our clients’ rights in litigation. As a Florida law firm focused on meeting the legal needs of businesses, our attorneys are well versed in the Florida statutes governing business formation and governance and apply that knowledge to work out successful solutions to complicated internal business disputes.

Corporate formation and governance
Limited Liability Companies and Partnerships
Officer and directory liability
Fiduciary duties
Shareholder, partner and LLC member disputes