Appeals in state and federal courts
The Kelly Law Firm has represented clients in scores of appellate proceedings over the past three decades, including appeals before the Florida District Courts of Appeal, the Florida Supreme Court, the Fifth Circuit Court of Appeals, the Eleventh Circuit Court of Appeals, the Federal Circuit, and the United States Supreme Court.
Arbitrations and ADR
The Kelly Law Firm has vast experience in all modes of alternative dispute resolution including arbitration before the American Arbitration Association, JAMS, FINRA, and other arbitration panels. The Firm has also represented clients in international arbitration disputes.
Attorney regulation and ethics
The Kelly Law Firm is ready to provide efficient representation for legal practitioners, including judges, who may be facing proceedings arising from ethical or professional complaints. This includes defending these clients before various grievance bodies and committees, as well as in appeals.
The firm has decades of experience in handling issues stemming from bank regulation issues, bank fraud, breaches of contract, foreclosures, and claims arising therefrom and other statutory claims related to banking laws and regulations.
The Kelly Law Firm has expertise to assist individuals and entities NOT to go bankrupt, specifically by ensuring that they are able to survive temporary financial distress. This may include “work-outs” and negotiations with creditors. Failing this, the firm is also adept in handling adversary bankruptcy proceedings.
The Kelly Law Firm has handled cases defending wrongly accused estate fiduciaries, who are persons obligated to settle decedent estates. This was done by a thorough showing that they settled the estate in good faith and in accordance to the will of the deceased, or in accordance with the law, in the absence of a will. On the other hand, the firm is likewise experienced in advocating for the rights of heirs and other beneficiaries, who may have suffered damages at the hand of malfeasant fiduciaries.
Business break-ups and disputes
Businesses undergo trials and tribulations as they mature, often culminating in severance of business relationships. Our firm can be your bridge to ensure that your interests are protected with particular care so that tensions are not further enflamed during the business stress and that an acceptable resolution is reached. Moreover, our firm has had immense experience in business break-ups, including receivership proceedings, derivative actions of stockholders or members, disputes on business valuations and the like. We have a substantial connection with some of the leading forensic experts.
Our firm will assist should you decide to dissolve your business for reasons within or without your control. We ensure that your liabilities are addressed, especially the payment of taxes. We will provide guidance and counsel until the final legal dissolution of your businesses, taking into consideration the due disposition and distribution of business assets after payment of statutory obligations.
Business formation, counseling, and regulatory compliance
Our firm will guide you through the intricacies surrounding the establishments of businesses to ensure compliance with laws and regulations. Further, we will prepare business formation documents, such as, but not limited to, LLC operating agreements, articles of incorporation and bylaws, shareholder agreements, non-compete agreements, non-disclosure agreements, and employment contracts should you intend to hire people.
Commercial contract negotiations
The firm is well trained to allow you to send clear messages at the negotiation table and thereafter ensure that those negotiations are preserved in a binding contract.
Copyright registrations and litigation
Copyrights are a dynamic and specialized area of legal practice that is becoming ever more crucial for the growing business. The Firm handles not only federal litigation, but guides our clients in protecting their business interests under copyright laws and regulations, including software and internet-related copyrights.
The firm has rich experience representing corporations and limited liability companies, ensuring that company interests are preserved and upheld in areas involving breach of contract, antitrust, intellectual property, and unfair and illegal business practices.
Employment discrimination and retaliation
Though our nation’s laws are clear that no employee should be discriminated by virtue of differences and/or preferences in sex, age, religion, race, disability and pregnancy, the unfortunate fact is that quite a number of employees still are subject to unlawful employment practices. The Firm has represented numerous clients in racial, age, and sexual discrimination cases, particularly with respect to retaliatory conduct.
Fair Labor Standards Act (FLSA) Litigation
Our firm understands the impact that labor and employment regulations and developments have on both management and employees. We have a proven track record in handling cases involving the complex Fair Labor Standards Act (FLSA), as well as a growing field of related state and local laws.
The Firm’s experience in litigating claims under the Employee Retirement Income Security Act of 1974 (ERISA) puts us in the best position to assist you in protecting and pushing for your pension plans and other similar benefits due to you. We are likewise adept in handling class action suits in this area.
With the goal of arriving at a fair outcome for our clients, our firm has had various opportunities to successfully litigate foreclosure proceedings. Whether out-of-court or in-court, we take due care in exploring every opportunity so that foreclosure proceedings need not ensue. This can be done through measures such as restructuring debts, negotiating with creditors or assessing whether you may have any grounds to file a case yourself against the lender.
John P. Kelly has ample experience handling cases of fraud litigation, be it in the area of securities fraud litigation or fraud in business acts. For the former, we offer representations in receivership proceedings, class actions, and SEC actions. For fraud and unfair business acts, we offer representation in “bad faith” insurance claims and cases involving unfair and deceptive trade practices.
General litigation in state and federal court
As a full-service law firm, we take pride in our track record in general litigation, be it in the state or in the federal courts. We have represented individuals, corporations, unions and government sectors in a wide array of civil actions such as, but not limited to, contract breaches, claims of creditors, malpractice claims, defamation, real estate litigation, and other civil claims.
The Kelly Law Firm has over 35 years of experience in insurance litigation.
International disputes and arbitration
John P. Kelly has appeared before several international arbitration bodies, protecting the rights of our clients in accordance with the various arbitration rules such as that of the International Chamber of Commerce, the United Nations Commission on International Trade Law (UNCITRAL), and the International Center for Dispute Resolution of the American Arbitration Association (ICDR), among others.
Invasion of privacy litigation
We hold our clients’ right to privacy in high regard and are ready to defend their interests when there is a violation of this precious right. As such, our firm is prepared to represent clients in cases such as, but not limited to, use of personal information without authorization, publicly disclosing facts which were supposed to remain private, misappropriations, violations of right to publicity, and “false light”.
IRS tax lien disputes
Because of the complexity of tax laws and regulations, it is imperative that you secure the services of a firm that has extensive knowledge in tax laws, particularly in resolving IRS tax lien disputes. Our firm has such knowledge and we are prepared to guide you through the complex processes to resolve tax issues such as, but not limited to, questionable tax assessments, erroneous refund computations, incorrect income tax calculations, IRS liens, nominee liens, and the like.
Our firm is adept in bringing suit and in defending charges arising from professional malpractice, which require a clear understanding of the developing law.
Limited Liability Companies
We offer insightful advice on the ownership, formation and management of limited liability companies (LLC’s). Upon formation, we also offer our services in the formulation and negotiation of business contracts and other documents, purchase and management of LLC assets, reorganizations, and liquidations and dissolutions, when necessary.
The firm has extensive experience in the subtle art of mediation, having handled several hundreds of mediations over the past three decades.
Non-compete, non-solicitation and non-disclosure agreements and litigation
With the end goal of safeguarding your businesses, we have the legal and technical expertise needed to ensure that your businesses are protected and that your non-compete, non-solicitation and non-disclosure agreements are not breached. If such breach has occurred, we are ready with aggressive measures to protect your interests.
The resolution of partnership disputes requires not only a skill in litigation, but more so, the sensitivity and genuine understanding of what motivates the thinking processes of business partners.
John P. Kelly has decades of technical experience in this complex area and is ready to represent you in infringement cases, Markman hearings, licensing controversies and appeals
Personal injury litigation
Our laws guarantee a person’s right to be secure in his person, and we take due pride in championing the causes of people whose right to their bodies, minds and emotions have been transgressed either because of an accident or through any other traumatic event. We use our technical and legal expertise to ensure that just compensation be awarded to our clients.
Probate and estate litigation.
We can render counsel and representation in matters such as contests against a deceased’s will, actions filed by creditors, and allegations of fraud or theft by an administrator or fiduciary of the estate.
Real estate broker disputes
We harness the skills and experience to handle a variety of cases pertaining to real estate transactions, from disputes on sales agent commissions, real estate insurance coverage disputes, and undisclosed defect claims. We offer a comprehensive approach towards resolving these disputes, and we are also skilled in mediating and arbitrating these cases.
Real estate litigation
The Firm has handled scores of matters involving a myriad of disputes involving real estate litigation.
Cases pursued arising from any violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) requires a lawyer who is well versed with this federal law and its state counterpart. Our law firm is skilled in prosecuting and defending cases falling under the ambit of the RICO Act particularly in showing a pattern of acts that are fraudulent or criminal in nature.
SEC, FTC and other governmental litigation
Our firm has solid experience in the area of administrative law, specifically in the litigation of cases filed in various administrative tribunals such as the SEC and the FTC. We also handle defenses of cases, which originate from alleged government investigations.
Securities arbitration and litigation
Our securities arbitration and litigation practice covers a wide number of cases pertaining to securities fraud, insider trading compliance and violations, breach of contracts, breach of fiduciary duties and obligations, unauthorized trading and misrepresentation, among others. The resolution of these cases is done by carefully analyzed legal strategies across mediation, arbitration or full-blown litigation.
Shareholder and member derivative litigation
We take pride in our work in the field of shareholder (or LLC member) litigation. The cases we have previously handled include derivative actions by shareholders, corporate governance issues that deeply affect shareholders’ rights, violations of fiduciary duties and responsibilities by company management, as well as class recovery suits.
We cannot stress enough the importance of a reputable and trustworthy stockbroker. However, the fact is that there seems to always be a rotten apple in the bunch. If you have the misfortune of being in controversy with a stockbroker who has place you in unsuitable investments or “churned” your investments, it is time to call us.
Trade secrets litigation
Our firm provides expert, technical and legal counsel on how best to protect trade secrets especially in the light of high turnovers of senior or high-level employees in the technology sector. We work with you to enable systems, policies and protocols so that trade secret misappropriation is minimized, if not totally curtailed, as well as assuring that legal action is taken against misappropriators.
The field of trademark registration and protection forms the largest body of intellectual property law practice. We regularly address both trademark and trade dress infringement. In the same light, we also provide counsel on how to best maximize the protections granted by intellectual property laws and rules, especially in the development of a client’s advertising and public relations campaign using their trademarks or trade dresses.
At the core of our trademark and intellectual property law practice is to identify the technologies protectable by intellectual property laws.
Whistle blower litigation
Whistle blowers, known formally as relators, may be protected by law as they give key information pertaining to acts that defraud the government and cause substantial economic harm.