Practices

We are tenacious and thorough trial lawyers – a reputation earned by litigating complex, high-profile cases. Our firm works hard to keep our clients out of court when possible. When it comes time to fight for your rights and your assets in court, no matter how demanding or contentious your case, know that we are savvy and aggressive litigators, working to win and always keeping your business goals in mind. 

We have litigated and mediated disputes across a wide range of disciplines - from class actions and individual claims involving securities and financial fraud, to corporate governance issues, business disputes,  real estate, and professional liability - for national and international businesses and people of high net worth.  We are here to navigate you through business disagreements, construction disputes, bankruptcy litigation, family law issues, entertainment and sports contract disputes, and workouts and litigation involving real estate and other business and commercial interests. 

The following are some of the areas in which our attorneys focus their practice: 

Commercial Litigation and Alternative Dispute Resolution

• All facets of business and commercial disputes, including but not limited to contract, tort, shareholder, and partnership issues
  
• Disputes involving trade secrets, covenants not to compete and unfair competition 
• Cases involving unfair and deceptive trade and business practices
• All types of real estate related ligation, including partnership and brokerage fee disputes on major real estate projects
• Workouts, litigation related to distressed assets, and restructuring of existing relationships 
• Merger and acquisition and post-closing disputes related to purchase-price adjustments
• Director and officer liability issues, and claims related to Sarbanes-Oxley  
• Construction claims on public and private projects  
• Disputes involving creditor’s rights and adversary proceedings in bankruptcy court
  
• Fraudulent transfers, including those arising from "overvaluing and overpaying" for business acquisitions and other piercing-the-corporate-veil issues                               
  
• Accounting malpractice related to misstatements in financial reporting documents
• Franchise disputes
• Investor fraud and stockbroker liability disputes
• Lender liability  
• Class actions, including those relating to securities fraud and consumer claims  
• Arbitration and mediation as alternative dispute resolution methods
• Appeals in state and federal courts 
  

For more information about Kluger Kaplan’s experience in different areas of litigation and alternative dispute resolution, please contact us.

Construction Litigation
Clients engaged in development and construction have engaged us for:

• Alternative dispute resolution, arbitration, and litigation
• Appeals in all tribunals, both foreign and domestic 
• Analysis and defense of construction contracts and bonds
• Claim recognition and issues related to defect, delay, and equitable adjustments
•  Construction lien and bond claim perfection, foreclosure and defense
• Identification of, and strategic advice regarding, the avoidance and early resolution of actual or potential problems which could delay the project
• Reducing and avoid confrontational relationships with other project participants
  

We have represented property owners, developers, design professionals, general contractors, construction managers, specialty trade contractors, material suppliers, and governmental bodies, both foreign and domestic.

For more information about Kluger Kaplan’s experience with the construction industry, please contact us.

Intellectual Property Litigation
Whether you’re seeking an injunction, a seizure of infringing goods, money damages, or vindication of your intellectual property ownership claim, Kluger Kaplan’s attorneys will aggressively and efficiently advance your cause.  Our menu of intellectual property litigation services includes:

• Intellectual property litigation involving license agreements and between licensors and  their agents
• Trademark opposition and cancellation proceedings
• Infringement claims involving architectural plans and building designs
• Intellectual property ownership disputes
• Trade secret litigation
• Litigation under Florida’s Deceptive and Unfair Trade Practices Act
• Claims involving non-compete and non-disclosure agreements
• Trials and appeals
• Arbitration

For more information about Kluger Kaplan’s experience with intellectual property litigation, please contact us.

Family Law
Whether you are entering a marriage or ending one, providing for your future is essential. For individuals who own substantial assets, issues related to marriage and divorce call for considered and compassionate counsel. Kluger Kaplan is experienced in representing high net worth and high-profile individuals in family law matters. Our clients trust us to protect their financial and personal interests zealously while maintaining the highest degree of discretion.

• Matrimonial Litigation. Divorce is often better resolved outside the courtroom. But when that is not possible, sophisticated cases should be handled by sophisticated trial counsel. In every case we take, we are strategic, thorough and creative. In divorce matters, that means fully assessing each party's assets, lifestyles, and needs; and then crafting the strategy that best serves our client. 

• Matrimonial agreements. When we say we "craft" agreements, we mean just that.  No two clients are alike.  Whether the client requires a prenuptial, postnuptial, or separation agreement, each client's interests are unique.  Our thoroughness and care in assessing a client's present and future circumstances results in agreements that are highly tailored to protecting our client now and in the future.

We are experienced litigators and skilled negotiators.  But two other characteristics distinguish Kluger Kaplan’s matrimonial practice: The first is our understanding of our clients' desire for privacy and our ability to help them protect it.  When matters can be kept out of the spotlight, they are.  When issues fall into the spotlight, we are adept at managing and minimizing the glare. 

The second characteristic is our compassion.  For our clients whose marriages are ending, we understand that it is a time of personal pain and professional disruption.  We help guide you through the process while never losing sight of your long-term security and well-being.  For our clients who seek prenuptial agreements before a marriage, or postnuptial agreements during a marriage, compassion is equally important.  At these times, emotions can cloud matters of finance.  We help our clients reach agreements that are just and equitable for all involved. 

For more information about Kluger Kaplan’s experience with matrimonial litigation, please contact us.

Probate, Trust, Guardianship and Fiduciary Litigation
When highly complex and emotional disputes over inheritance arise, you want justice.  To get it, you need attorneys who know how to fight for your rights in Probate Court.

We are skilled and experienced in handling and obtaining favorable resolutions of a wide range of probate issues, including:

• Trust disputes
• Family partnerships
• Will contests
• Fraud
• Undue influence and incapacity claims
• Creditor disputes
• Fiduciary or trustee misconduct
• Interference with inheritance rights
• Improper favoritism of a beneficiary
• Interpretation of document language

We will intervene on your behalf, with conscientious attention to your goals and needs, to help you and yours gain and retain your rightful assets and legacy. 

For more information about Kluger Kaplan’s experience with probate litigation, please contact us.