Practice Areas

Stutsman Thames & Markey, P.A. represents both publicly-held corporations and private businesses in a number of areas of the law. Our focus is on the following six areas:

- Business Law
- Litigation
- Bankruptcy
- Franchising
- Real Estate
- Intellectual Property



Business Law
The Firm advises clients in mergers and acquisitions; entity selection and formation; financings by emerging businesses; and investments by venture capitalists and other investors.

We commonly advise clients about alternative business structures (including "C" corporations, "S" corporations, limited liability companies, limited partnerships, general partnerships, and sole proprietorships) that are available for their business, financial and estate planning objectives, and we assist in the organization of the entity. We also advise clients regarding the reorganization of existing businesses, and prepare the documents and take other actions necessary to effect reorganization transactions.

Each business has legal issues and needs that are unique to the particular entity and its owners. Our lawyers understand the business of each client and provide advice that will help the owners achieve their business, financial, and family objectives.

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Litigation
Our lawyers try complex commercial disputes before juries in state and federal courts throughout Florida. Although we are experienced and successful in taking complex litigation through trial, our goal is to resolve disputes short of the risk or expense of trial. We develop strategies to position a case for early resolution consistent with our client’s objectives and to use alternate dispute resolution procedures.

Our lawyers handle cases in a wide range of contract disputes including the purchase and sale of businesses, enforcement and defense of non-compete agreements, loan foreclosures, collection actions and partnership disputes.We are experienced in litigating all types of cases under the Uniform Commercial Code, including contracts for the sale of goods, security interests and loan transactions.

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Bankruptcy
Our Firm represents debtors, secured and unsecured creditors, landlords, lessors, trustees and examiners in consumer cases and major business reorganizations. We counsel financially troubled companies outside of bankruptcy proceedings regarding their restructuring alternatives, their fiduciary duties and their governance issues. We also are experienced in assignments for the benefit of creditors and bankruptcy liquidations. We also have substantial experience in bankruptcy litigation, including fraudulent conveyances, preferences and objections to exemptions.

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Franchising
Franchising laws are confusing and complex. Our lawyers have substantial experience in franchising, including preparation of the initial franchise agreements and the Uniform Franchise Offering Circulars. We also have experience in enforcing franchise agreements.

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Real Estate
Our real estate attorneys represent developers, investors, lenders and business users in the acquisition, development, financing, sale and leasing of real estate throughout Florida. We assist in planning the structure of and negotiating complex real estate transactions, as well as the legal analysis and documentation.

Our real estate services include the negotiation and closing of real estate acquisitions and sales, the preparation of purchase agreements, conveyancing documents, financing documents, tax-deferred and multiple-party exchange agreements, escrow instructions, and other related documents. The Firm also negotiates and prepares leases for landlords and tenants, including ground leases, build-to-suit leases, office leases, retail leases, industrial leases, and subleases.

Partnership, Joint Venture and Real Estate Investment

We regularly are involved in structuring and documenting limited liability companies, real estate partnerships, and joint ventures and our lawyers advise regarding the structuring of real estate investments.

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Intellectual Property
We assist clients with a wide range of matters relating to the protection of trade secrets and confidential information. Our work includes the preparation and negotiation of agreements on behalf of employers restricting employee activities during and post-employment in order to protect and secure trade secret and confidential information.

We also secure copyright protection for all varieties of original work of authorship, including computer programs, and have experience in handling disputes involving material protected by copyright. Specific services include the development of copyright protection strategies; copyright searches; preparing, filing and prosecuting copyright applications; preparing and negotiating copyright license agreements and work-for-hire agreements; and providing services associated with copyright infringement litigation.

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