Posts Tagged ‘patent’

Litigation is the process of resolving disputes through the court system. Litigation involves drafting and filing lawsuits, engaging in discovery such as taking depositions, filing and responding to various motions, attending hearings, and ultimately conducting a trial.

Litigation can be costly and time-consuming, so at Widerman Malek, PL, our first priority is always to resolve client disputes without litigation.  We do this by negotiating on behalf of our clients, by conducting mediations and arbitrations, and by utilizing other alternative dispute resolution techniques.

When it is required, Widerman Malek, PL vigorously represents its clients’ interests. We are results-oriented and cost-conscious from the initial drafting of a complaint all the way through trial and any appeals. Our clients can contact us at any time and can depend on us to be there to answer their legal questions, to write letters or make calls on their behalf, or to respond to any legal actions asserted against them.

The attorneys at Widerman Malek, PL have years of experience in business and commercial, landlord-tenant, land use, and contractor/construction litigation, along with most other contract litigation. We practice in both state and federal court and also represent clients in front of various licensing boards and other departments of state and local government.

Please view the Litigation FAQ for more information.

 

 

Your business assets are valuable. You need to understand this when starting your own business. Not only are we talking about things like equipment and a building, but also the “intellectual assets”.

Situations arise that will necessitate the estimating the value of the company’s intellectual assets. Some of these include:

1. Whether it is time to sell part or maybe the entire business while the value is at its peak

2. Whether or not the company is earning a reasonable royalty for an asset

3. Whether or not a settlement is fair in dropping a lawsuit

4. Whether or not to buy another asset that the company needs

5. Whether or not the asset is about to outlive its usefulness and needs to be replaced

6. Whether or not to use the asset as collateral to borrow against

7. Whether tax implications favor the company

8. Whether or not the company is in compliance with all regulations

Here are the three models used when valuing assets:

Market Approach – the fair market value is determined by comparing what similar assets are selling for.

Cost Approach – the value is based upon how much money was used in creating, maintaining the asset.

Income Approach – the value is calculated by how much money is it bringing in or expected to bring in.

Valuing an asset is more of an accounting exercise than a legal one. Since the stakes are so high, and you do not want to get it wrong, hire a highly trained CPA to assist you in valuing you intellectual assets.

 

 

 

The answer to that question is “yes”. However it is a lot more complicated than moving in and staying there.

With the massive number of houses in foreclosure, many of them are sitting empty for long periods. There have been cases where people have gone into these homes and stayed in them for a few months and when the bank comes to kick them out, they claim to ve “in adverse possession” of the home.

In other words, they claim to be the owner because they set up residency there and nobody told them to get out, so now they own the place. Unfortunately it is not quite that simple.

Adverse possession laws state that the squatter must live there uninterrupted for seven years. In addition, he must be living there either without the owner’s permission and it be so obvious that the owner should have known he was there. So hiding out there is not good enough.

Also, the use must be in adverse to the owner’s use and be so that the owner can take an action to stop it, such as an eviction or trespass warrant.

So basically, you would have to move in, get the utilities switched into your name, pay the property taxes and stay there in plain sight of all the neighbors for seven consecutive years to even have a good case.

Even if you are able to meet all those requirements, if there is any doubt as to the squatter’s claim that the owner knew he was there and did nothing, the court must award the property to the owner. The “burden of proof” in this case is on the squatter.

The food news is, if you do meet all those requirements, the police are powerless to evict you. But id you just show up, change the locks on the door and move in without paying taxes and switching the utilities over, you are basically a trespasser and could face criminal charges.

So if you see an abandoned house, do yourself a favor and talk to an attorney before you move into the home.

 

 

 

In many civil cases, a judge will order mediation before the case goes to trial. Is this a useful tool? Or is it a waste of time and money?

It all depends on the case whether mediation is going to help or not. Many times a case is an “all or nothing” kind of case. Mediation is not going to help in a case like that. An example would be an eviction or foreclosure.

But in other cases, such as a divorce, mediation can be very helpful, as long as both sides are willing to compromise. Of course it only will work if both sides are willing to give a little to get a little.

Sometimes timing can be a factor on whether or not mediation is an option. In a divorce, for example, personal hurt might get in the way. The old saying “hell hath no fury” may not be that far from the truth. It may take time and frustration to budge one or both parties in a messy divorce case.

But in a case such as a civil suit for damages, mediation can be a good thing. Sometimes in the interest of getting on with their lives, the parties may settle on a number both can live with.

Sometimes if a judge orders mediation, an option might be to defer. This can be done if filed within 15 days of the order in Florida. Deferring might give parties time to cool down or time to gather more information to help their case.

It may be the case that the two sides are so far apart that mediation is just a complete waste of time. In these cases, it is more of a hindrance than a help. In such cases it may be in the parties best interest to file a motion to dispense with mediation.

Mediation can be a good thing in some cases, but it is not for everyone. Sometimes it is used too often for anyone’s good.

 

Phone Numbers: 321-255-2332 and 877-868-7239

Fax: 321-255-2351

Address:
Widerman Malek, PL
1990 West New Haven Ave. Suite 201
Melbourne, Florida 32904