Some disputes require an aggressive and uncompromising strategy directed solely toward a successful trial result. Other disputes require a practical, measured and cost conscious approach. Most are somewhere in the middle.
Regardless of the nature of the dispute, we pride ourselves on getting to know our clients. Once we understand the needs of our clients and the nature of the problem, we collaborate to develop an appropriate strategy tailored to the issues. Too often, commercial litigation lawyers apply their approach, rather than the approach needed and requested by the client.
Americans with Disabilities Act Website Accessibility Lawsuits Are On the Rise
by Mary Fabre LeVine on December 10, 2019 at 3:45 pm
When the Americans with Disabilities Act (“ADA”) was enacted into law in 1990, it preceded the Internet which first became publicly available in 1991. Thus the ADA’s enactment preceded the explosion of electronic commerce since conducting commerce over the Internet has become commonplace. The ADA requires businesses operating places of public accommodation to be accessible
Is Your Real Estate Commission a Violation Of Antitrust Laws?
by Dan VanEtten on June 6, 2019 at 8:56 pm
Are real estate associations, brokers and agents violating antitrust laws, thereby exposing themselves to the threat of litigation and possible lability, through their commission structure? A home seller recently filed a lawsuit in the United States District Court for the Northern District of Illinois claiming that such antitrust violations have injured him. Before dismissing this
- A personal representative was sued for $10 million dollars by her litigious stepson. Following a five day jury trial, we obtained a defense verdict.
- An employee was sued by his former employer for violation a non-competition agreement and for violation of the statutory trade secrets law. After we successfully defended the employee in a three day non-jury trial, the employer paid our client $80,000 in attorney’s fees.
- A charitable organization was an $8 Million dollar beneficiary of a trust. The sons of the decedent challenged the trust on various grounds including undue influence and fraud. After a five day trial, our client prevailed, and received their $8 million.
- An oceanfront property owner obtained a preliminary permit to construct his dream home, but a nearby property owner contested the permit on environmental grounds. After a two day trial, the Department of Environmental Protection issued the permit overruling the objection.
We Make a Difference on Appeal
- We were hired after a significant lawsuit was dismissed with prejudice by the court. We obtained a complete reversal from the Second District Court of Appeal reinstating all of our client’s claims.
- A beneficiary sought to intervene after the trial court granted summary judgment affecting her interest. After the trial court denied the request, we obtained rulings from the Second District Court of Appeal and the Florida Supreme Court allowing the intervention and reversing the summary judgment.
- A subcontractor entered into a contract providing for venue exclusively in Kentucky. We argued that the Florida Statutes superseded the contract venue provision, and the trial court disagreed. We then obtained a ruling from the Fifth District Court of Appeal in case of first impression that venue was proper in Florida.
We Make a Difference by Finding Creative Solutions to Complex Problems
- A subcontractor brought a claim for differing site conditions and Eichleay damages against a municipality, the general contractor and the bonding company. We negotiated a $750,000 settlement including timing the payment to minimize our client’s taxes.
- A title insurance company had a claim where a significant first mortgage was alleged to be subordinate to a first-in-time line of credit. After discovery, the holder of the line of credit voluntarily signed a subordination agreement based on the principle of equitable subrogation.
Blalock Walters is uniquely qualified to serve the education industry. Our attorneys have extensive experience in representing governmental entities, including school boards. Our firm has over 20 attorneys with experience in areas of law that would be regularly utilized by the by educational institutions including a wide variety of local government issues such as budgeting, contracts, zoning and development, labor and employment, all phases of litigation, student discipline, student activity, Civil Rights, sunshine law, ethics law, special permits, and public records. Attorneys have assisted in school boards in areas related to land use, real estate and contracts. Blalock Walters also has experienced attorneys who can assist with real estate, environmental, and taxation issues.
The agriculture industry is one that requires a very specialized knowledge in a number of different areas: Taxation, Labor & Employment, Environmental, Construction Litigation, Land Use, Real Estate, Family Succession Planning and Estate Planning, and Corporate Farming. Blalock Walters recognizes the specialized services needed for agribusiness, farm producers, and packers and growers. We have many years of agribusiness experience and offer sophisticated legal services that address the unique needs of the industry.
- American Farm Bureau
- Florida Department of Agriculture
- Florida Farm Bureau
- Manatee County Farm Bureau
- The Gulf Citrus Growers Association
Our integrated law practice areas offer a complete range of legal services for the auto industry, including buying and selling auto dealerships, purchasing real estate and negotiating commercial leases, title insurance, estate and succession planning for family owned dealerships and litigation defense, including defense of lemon-law cases and employment lawsuits.
The tax attorneys at Blalock Walters provide corporate formation and tax and business strategies for dealing with changes in the automobile industry to help maximize your company’s tax and financial advantages.
The complexities surrounding the residential and commercial construction industry require knowledge of construction contracts, construction liens, surety bonds, building codes, financing, insurance, construction defects, delays and disruptions, regulations such as OSHA and the Americans with Disabilities Act (ADA), wage and hours laws, permitting and land use. We provide legal services in resolving disputes concerning construction law including mediation, arbitration, and trial.
- Americans with Disabilities Act
- Associated Builders and Contractors, Inc.
- Florida Home Builders Association
- Florida Realtors®
- Homebuilders Association Manatee-Sarasota
- Manatee Association of Realtors
- Occupational Safety & Health Administration
- Sarasota Association of Realtors
The equine industry includes many different business interests with unique legal needs. Equine law involves the law as it relates to all aspects of horses and horse-related activities. Our team at Blalock Walters understands the unique and specialized needs of the equine industry and those passionate about their horses, and is prepared to offer the specialized services, including tax, business services, litigation, employment, immigration, land use, real estate, business succession planning, and estate planning.
Generally speaking, our team at Blalock Walters is able to provide specialized services, addressing the unique equine needs of horse owners, businesses, professionals, associations and facilities with the following:
- Preparing, review, or negotiate equine-related contracts (such as purchase and sales agreements, leases, stallion service contracts, liability waivers/releases, facility use agreements, stallion management agreements, and boarding contracts)
- Establishing businesses, including corporations, partnerships, joint ventures, syndication, or limited liability companies
- Assist with tax planning and resolving tax disputes, including “hobby loss disputes” with the government
- Real estate purchases or transactions
- Handle or resolve zoning and land use disputes
- Litigation matters involving horse related matters
Blalock Walters understands the technical, corporate, and legal concerns related to technology industry related companies including licensing agreements, equipment leasing and purchase agreements, and hosting and internet service provider, as well as non-compete and other employment agreements. Our litigation group handles breach of contract, collections, and contract dispute issues relating to technology-related businesses. Our labor and employment group counsels with information technology companies as to day-to-day personnel practices and employee relations matters, employment agreements and labor relations.
We make a difference by understanding our clients’ business goals and technologies. From a quick contract review to complex contract drafting and negotiation, we strive to ensure that contracts and agreements are structured with a good foundation avoiding future surprises or issues.
Today’s manufacturers are faced with increased global competition and rising labor and litigation costs. The industry is focused on process improvement, best practices, and evolving efficient and streamlined internal operations. Blalock Walters represents all types of manufacturing, from small machine shops to top selling consumer goods to sophisticated medical products. Our team of attorneys can assist you in developing strategies for dealing with legal issues in the industry and make a difference in your company’s competitive advantage. Blalock Walters’ attorneys handle issues involving corporate structure, patents, business litigation, contract disputes, collections, labor and employment, immigration, as well and real estate law and litigation, environmental issues, permitting, land use and banking and finance. Our goal is to assist in the successful operations and best practices of your business.
- Bay Area Manufacturers Association
- Manufacturers Association of Central Florida
- First Coast Manufacturers Association
- Manufacturing Association of Florida
Non-profits and Foundations
Assisting private foundations and nonprofit organizations in our communities has been a focus of Blalock Walters from the beginning. As nonprofits have become more sophisticated and complex through the years, and subject to increasing regulation, our estate planning, corporate, tax law, real estate law and employment law groups have effectively provided guidance and counsel to help the nonprofit environment thrive.
We provides specialized legal services in the charitable foundation and non-profit area, including:
- Formation of non-profit organizations and foundations;
- Tax exemption applications;
- Prohibited transaction analysis;
- Reasonable compensation analysis;
- Analysis and planning of corporate transactions involving tax-exempt organizations;
- Corporate governance matters;
- Real estate purchases, leasing and construction;
- Employment matters; and
- Dissolution and liquidation of nonprofits.
With many years involved in the sports industry in our communities, we offer a wide range of legal services to professional athletes and sports-related organizations. Blalock Walters works with Major League Baseball players and organizations, as well as other professional sports industries, in the areas of real estate law, land use, litigation, construction law, estate planning, tax, immigration, labor and employment, contracts, and business operations. Additionally, we assist retired baseball players with their businesses, foundations, and tax and estate planning needs that are unique to the profession. Our knowledge of the industry allows us to keep our clients informed of the significant tax and legal issues that often arise for professional athletes and ensure that we provide the highest quality of service.