Accounting Malpractice Litigation
According to the American Institute of Certified Public Accountants (AICPA), accounting is “the art of recording, classifying and summarizing, in a significant manner and in terms of money, transactions and events which are, in part at least, of [a] financial character; and interpreting the results thereof.” When an accountant improperly performs the duties of his or her profession, actionable malpractice occurs. Our accounting malpractice litigators are committed to protecting your legal rights and obtaining compensation for your accountant’s wrong doing.
Banks and financial services institutions, many of which are public, must comply with numerous laws, including federal and state securities laws, Dodd-Frank, the Bank Secrecy Act, the Patriot Act, credit card and consumer protection laws, truth in lending, equal credit opportunity, Fair Credit Reporting Act, and Fair Debt Collection Practices Acts. Our banking litigators at WPL have extensive experience in representing clients involved in this complicated and dynamic area of the law.
Complex business litigation is the core of WPL’s law practice. Business clients rely on us to handle corporate control contests, contract disputes, insurance disputes and class actions. Real estate developers and manufacturing companies across Florida come to us to help achieve their business objectives. Whether it is commercial or business litigation, WPL prides itself in providing aggressive legal representation to help its clients navigate the ever-changing and increasingly complex global economy to protect or recover our clients’ assets.
Class Action Litigation
In a class action lawsuit, a large number of people who have suffered similar harm join together to sue another entity, usually a company or organization. Often times, class action lawsuits involve consumer fraud or defective products. At WPL, our litigators pride themselves in providing aggressive, innovative, and efficient legal representation for groups of individuals harmed by the unlawful acts of someone or something.
Construction projects commonly involve disputes, and conflicting claims often arise between the many parties involved in any given undertaking. Our construction litigators at WPL have extensive experience in resolving the full range of claims that can arise before, during and after construction projects. The expertise of WPL trial attorneys in construction defects and failures includes:
- Major failures;
- Delay, acceleration, and interference;
- Construction quality problems;
- Liens and failure to pay;
- Overruns and change orders;
- Construction products and defects;
- Engineer and architect malpractice;
- Operation and performance problems;
- Job-site accidents;
- Corrosion problems;
- Fires and explosions; and
- Insurance coverage.
Contract Dispute Litigation
WPL litigates contract disputes in a variety of fields, including trade, finance, technology, software, real estate, construction, manufacturing, consulting, medical/dental, and biotechnology. The contracts at the center of these disputes have involved:
- Real estate;
- Licensing, including geographic limitations and performance;
- Rights of first refusal;
- Revenue provisions;
- Shareholder issues;
- Partnerships and LLCs;
- Employment matters;
- Non-solicitation and non-competition;
- Commercial notes and debentures; or
- Bank and brokerage customers.
On the path of success, it is all too common that businesses are victimized by the illegal acts of competitors, strategic partners, or vendors that seek to derail their progress or to seize the company’s business opportunities for themselves. Sometimes a business simply chooses the wrong business partner, and that partner’s incompetence, dishonesty, or lack of execution can lead to disastrous consequences. Other times, a business is targeted based on an anti-competitive scheme or desire to misappropriate intellectual property. At WPL, when things go wrong for our clients, we have a team of trial lawyers who know how to counsel you through these difficult situations and, when necessary, to vindicate your rights and recover your losses.
Eminent Domain & Property Rights Litigation
The Florida Constitution guarantees payment for the lost value of the property taken and recovery of attorney’s fees and reasonable costs when your property is taken in eminent domain. WPL regularly represents owners in road widenings and expansions, electric transmission line construction, pipeline construction, utility projects, water management projects, and other public projects. Our representation includes all types of properties and businesses.
Our labor and employment litigators handle all matters that can arise out of the employer-employee relationship, including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (Section 1981), the Equal Pay Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), the Employee Retirement Income Security Act, the Employee Retirement Income Security Act (ERISA), the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Worker Adjustment Retraining and Notification Act (WARN), and the Immigration Reform and Control Act of 1986 (IRCA), as well as the numerous state and local laws which regulate the workplace.
Environmental & Land Use Litigation
Nowhere are environmental issues more of a pressing concern than in southern Florida. WPL’s litigators are ready to help our clients navigate Florida’s environmental and land use laws. Whether you are in real estate development, government or the utility industry, WPL has the services and experience to develop a solution to meet your needs in the following areas:
- Eminent domain;
- Zoning and land use;
- Toxic torts;
- Clean Air Act;
- Clean Water Act; and
- Endangered Species Act.
Government Affairs Litigation
Businesses today are faced with issues, concerns, and opportunities that can be significantly affected by changing government regulation and legislation. Our team of government affairs litigators have a wide range of experience litigating against federal and state agencies. This broad experience with government litigation matters includes regular appearances in trial and appellate courts, and before federal, state and local administrative agencies.
Homeowners’ Association Litigation
One of the things we have learned is that there are few places with more petty politics than homeowners’ associations. Condominium and homeowners association board members have fiduciary duties, statutory obligations, and important rights and responsibilities. Our homeowners’ association litigators represent homeowners in all types of disputes that arise over homeowner association covenants, conditions, and restrictions. We handle all cases involving condominiums, common interest developments, planned unit developments, co-ops, and other planned communities throughout Florida.
WPL represents policyholders and insureds throughout Florida in a full range of insurance issues, across a broad spectrum of industries, including manufacturing, pharmaceuticals, financial services, industrial, agricultural, construction, and real estate. Our insurance litigators successfully represent clients in pre-suit disputes, as well as litigation at all phases, from trial through appeal. We also provide advice outside of the litigation context, including the tendering of claims, negotiating with insurers in their handling of claims, monitoring policies and coverage, and assisting clients with policy renewals, coverage analysis, and coverage audits.
Land Use Litigation
WPL assists clients in working through the complexities of the local regulatory process. Our attorneys frequently handle legal challenges relating to comprehensive planning and zoning, spot zoning, vested rights, compliance with historic preservation laws and the legality of fees and exactions imposed on projects. In addition, our attorneys also have significant expertise litigating the constitutional claims (both federal and Florida) that often accompany statutory causes of action.
Legal Malpractice Litigation
WPL has handled a significant number of legal malpractice cases. “Professional legal malpractice” is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. Many of our professional malpractice cases are handled on a contingency fee basis.
Partnership Dispute Litigation
WPL has a record of helping clients obtain significant recoveries in shareholder and partnership disputes. We frequently represent clients in shareholder derivative litigation, including minority owners that have been victimized by shareholder oppression. We pride ourselves in taking an aggressive, innovative, and dynamic approach to assisting our clients with navigating the complex issues involved in disputes between business owners, partners, and shareholders.
Personal Injury Litigation
Although many lawyers handle personal injury and insurance disputes, many treat them as routine. WPL is not only selective as to the cases it accepts but also employs the same zealous advocacy in these cases as it would in complex securities and commercial disputes.
WPL’s practice includes representing plaintiffs in personal injury suits. The law related to personal injury generally deals with injuries to a person that require medical attention. Typical causes of injury that give rise to claims for personal injury are: car accidents, work related injuries, railroad accidents, animal attacks, boating accidents, defective products, plane crashes, slip and falls, trucking accidents, motorcycle accidents, professional malpractice, negligence of others, and death caused by another.
Sometimes insurance disputes arise out of one of these injuries, while other times disputes with insurance companies arise because the insurance company simply does not want to pay the covered expense. In these instances, the insurance company generally makes up an excuse to avoid the claim.
WPL assists clients in recovering money for those injuries caused by others. At the same time, WPL maximizes a client’s rights under any applicable insurance policy. WPL’s goal is to aggressively obtain a client’s maximum available recovery from all sources.
Product Liability Litigation
Product liability litigation involves high-stakes, elaborate civil claims—often brought by large groups of plaintiffs—alleging injury caused by a defective drug, device, or product. Product liability presents multifaceted challenges and often implicates controversial scientific, technical, medical, environmental, or regulatory issues, all relating to the safety and effectiveness of products. At WPL, our product liability litigators are skilled at distilling complicated scientific and technical topics into compelling stories that persuade judges and juries.
Property Tax Litigation
WPL has successfully represented numerous major corporations and commercial property owners in real estate and business personal property cases across Florida. WPL has challenged valuations of commercial real estate and business personal property, resulting in significant property tax savings for our clients.
Real Estate Litigation
WPL routinely represents owners, developers, lenders, loan participants, bondholders, borrowers, landlords, tenants and other clients in disputes involving:
- Purchase/sale contracts and options;
- Secured loans;
- Loan participations and other co-ownership arrangements;
- Management and operating agreements;
- Ownership structures, including partnership, limited liability company and percentage disputes;
- Title matters;
- Commercial leases; or
- Eminent domain disputes.
WPL is especially pleased with its success in handling litigation and arbitration matters concerning the interpretation and enforcement of state and federal securities laws. In both court and FINRA required arbitrations. Actions against stockbrokers, brokerage firms, and salespersons for fraudulent and improper solicitation of investments of little or no value, or not in accordance with the goals and financial resources of the customer, have become more numerous in recent years. Although not all cases can be fit into simple categories, generally cases consist of one of the following:
- Florida Investor Protection Act;
- Trading without permission;
- “Guaranteed sure winner”;
- Excessive trading;
- Insider information;
- Negligence; or
- Risky investments and misrepresentations.
Wills, Estate, Probate and Trust Litigation
At WPL we are committed to helping our clients navigate through difficult family disputes which arise after the death of a loved one. Our probate litigation attorneys at WPL represent executors, administrators, and trustees in all aspects of administration disputes, fiduciary issues, and settlement of complex estates and trusts. We also represent beneficiaries relating to their interests in estates and trusts. Although not all cases can be fit into simple categories, generally cases consist of one of the following:
- Will disputes;
- Undue influence;
- Lack of capacity;
- Wrongful acquisition of trust assets;
- Breach of fiduciary duty; or
- Will and trust interpretation.