Practice Overview
Arbitration and Mediation
The mission of our arbitration and mediation group is to assist clients in the resolution of disputes at the earliest possible stage. We use Alternative Dispute Resolution (ADR), negotiation and litigation as complementary tools to help our clients achieve their business objectives in a manner consistent with their corporate culture and values. Our Supreme Court Certified Circuit Civil Mediators have broad experience in diverse forms of alternative resolutions, including arbitration, mediation (pre-suit and post-suit), case evaluation, private judging, tiered resolution systems, facilitation, consensus building, negotiation training and coaching.
Banking and Finance
ZKS regularly advises and represents commercial banks, savings banks and their holding companies in corporate, regulatory and local levels. Our banking and finance group serves as principal counsel for community banks, thrift institutions, and regional and multi-bank holding companies concerning commercial and residential loan documentation. In addition, we handle litigation matters working closely with an institution's in-house counsel. ZKS draws upon the firm's professional resources in taxation, real estate, environmental law, structured finance, leasing, litigation and other specialized practice areas.
Business & Commercial Litigation
Our business and litigation group has considerable experience in handling contract and business tort disputes and in defending professional liability claims. We represent defendants and plaintiffs in commercial litigation matters, including Real Property, Contracts, Banking, Franchise, Business Fraud, Foreclosure, Bankruptcy, Collection, Business and Residential Evictions, Landlord-Tenant Disputes and Construction. While we have been privileged to represent major companies in commercial litigation matters, we have represented small companies and individuals as well as supporting the firm's commercial clients. We recognize that all commercial disputes are not the same, and we strive to understand our client's present and long-term objectives in order to provide effective representation in all commercial litigation matters. With an aggressive, result-oriented attitude, our business and commercial litigation attorneys are committed to meeting any client’s business goals.
Construction Litigation
Our attorneys have extensive experience prosecuting and defending all types of construction disputes in trial and appellate courts regarding construction claims involving owners, developers, architects, contractors, subcontractors, construction managers, suppliers, manufacturers, and design professionals. Our clients include some of the top construction companies in the Central Florida area.
Eminent Domain and Condemnation
ZKS represents both residential and commercial property owners in condemnation/eminent domain cases. This is a specialized area of law where the property owner benefits by having an attorney who is familiar with the process and the governmental entity. We have experience practicing in the field of condemnation/eminent domain and have worked with most of the local governmental entities (i.e. cities and counties) as well as the Florida Department of Transportation.
Corporate
The corporate practice group employs a broad range of skill and experience to corporate and business matters. Our experts can assist clients with nearly all aspects of corporate, partnership, limited liability company, tax and general commercial law. The group is divided into specialty disciplines, as follows: (i) Business Formations, (ii) Business Mergers, Acquisitions & Sales, (iii) Commercial Transactions & Contracts, (iv) Corporations, Partnerships & LLCs, (v) Labor & Employment, (vi) Nonprofit Organizations, (iii) Tax Planning & Structuring.
We routinely help clients identify the appropriate business structure, help them operate and grow their business, mitigate legal and business risk, and assist them with exit planning. We represent small and large businesses, banks, and insurance companies, as well as individuals. We focus on adding value to our clients’ businesses and on building long-term relationships.
New Business Formation
This sub-group advises clients in matters relating to the structuring and formation of new businesses, whether partnerships, corporations, or limited liability companies, the design of the entities to be used so that they will be appropriate for the future operations and plans of the business, the structure of the relationship among the partners, members or shareholders in new businesses, and all related matters. In this manner, we help its new business clients lay the organizational cornerstone for a successful future.
Business Mergers, Acquisitions and Sales
Our attorneys counsel and advise clients on the purchase, sale, reorganization, structuring, and re-structuring of businesses. We routinely represent buyers and sellers of businesses and assets, helping them structure their transactions in a tax-efficient manner and achieve maximum returns. Our attorneys handle the documentation, negotiation and implementation of multi-million dollar transactions, as well as more routine and smaller scale transactions, all with a focus on getting the deal done and getting it done right.
Commercial Transactions & Contracts
This group focuses on commercial transactions and contracts, attempting to mitigate legal and business risk, maximize returns, and minimize taxes. We routinely draft, document, and negotiate a wide variety of commercial transactions within a broad array of industries, including banking, construction, real estate, sales, manufacturing, technology, and healthcare. Our attorneys have extensive experience negotiating and documenting multi-million dollar agreements throughout the United States and internationally.
Corporations, Partnerships and LLCs
Our experienced team of attorneys serves as counsel to public and private corporations, partnerships, limited liability companies, banks and other institutional lenders, individual proprietors, and other business entities and joint ventures. We also assist foreign entities and non-resident aliens investing or starting a business in the United States. Our clients are engaged in businesses that include real estate, banking, insurance, manufacturing, professional services, retailing, tourism, computer hardware and software, manufacturing, healthcare, air transportation, brokerages, technology and many other industries.
We assist clients in starting their businesses with our extensive experience in selecting the appropriate entity and sites for the business and properly documenting the relationship among the owners, employees and third parties. As our clients grow, our transactional team provides legal counsel in all areas of operation of the business, including employment law and non-compete agreements, commercial litigation, intellectual property, immigration matters, distribution and franchise agreements, executive compensation arrangements, financing and labor relations.
We are also experienced in assisting clients in structuring acquisitions, dispositions, mergers and other reorganizations and combinations, ranging from the simple asset purchase to the complex triangular reorganization. Structuring and properly documenting any type of transaction requires an understanding of business, tax and securities law. We are skilled at deciphering and integrating the issues in each of these areas to maximize the benefits of the transaction for our clients. We also strive to create the appropriate exit strategy for our clients, whether through the disposition of the business or the succession of the business to future generations.
Employment
Working closely with the rest of the corporate practice group are the firm's labor and employment attorneys. These attorneys routinely represent the employers in issues concerning employee compensation, terminations, claims of discrimination and harassment, and compliance with a myriad of Federal legislation affecting the workplace. In addition to advising our business clients on labor issues, our labor and employment law attorneys regularly handle litigation in the State and Federal courts and before administrative bodies such as the National Labor Relations Board, the Department of Labor, Equal Employment Opportunity Commission and private arbitration entities such as the American Arbitration Association. These attorneys are experienced in handling litigation matters for small businesses and proprietorships as well as large Fortune 500 companies. The labor and employment law attorneys have represented ZKS clients in matters involving claims for sexual harassment, racial discrimination, disability discrimination under the ADA, Family and Medical Leave Act issues, age discrimination and unfair trade practices, as well as claims for unpaid wages, breach of contract, defamation, and violations of non-compete agreements. We provide full service to you, the firm's business clients, by providing advice and consultation before problems arise, as well as handling claims which develop into litigation.
Nonprofit Organizations
We counsel and advise nonprofit and tax-exempt organizations with respect to obtaining tax exemption, structuring ongoing operations, and operating on a day-to-day basis within the confines of applicable state and federal tax law. We also routinely counsel tax-exempt organizations in connection with their real estate and other transactions. Our clients include private schools, religious organizations and various charitable organizations.
Tax Planning and Structuring
Our tax specialists maintain their expertise in various areas of tax law and work hand-in-hand with the rest of the corporate practice group to maximize tax benefits for clients, both corporate and individual, in all types of transactions, including real estate, business and tax-exempt entities.
Our work involves the careful structuring of transactions to obtain the most advantageous tax treatment with the minimum amount of risk. We are actively involved in working with business clients throughout the life cycles of their businesses. We provide assistance in structuring compensation arrangements for key employees and help business owners, especially those of high net worth, to consolidate their business, personal, and estate planning.
Creditors' Rights/Bankruptcy
Our lawyers represent the rights of creditors in many capacities and contexts. We handle the full spectrum of work-outs and loan restructuring, pursuit of guarantors, foreclosures of real property mortgages and personal property liens, collection of accounts, forbearance agreements and bankruptcy. Despite the debtor-friendly laws in Florida, our attorneys know how to identify what can be pursued and how to effectively collect funds owed to our clients whenever possible.
We offer bankruptcy expertise in a broad spectrum of contexts. Whether you are a creditor seeking to protect your interests in a Chapter 7, 13 or 11 bankruptcies proceeding, a business seeking to reorganize and explore Chapter 11, or a trustee looking for thorough representation to avoid preferences or fraudulent transfers or to handle claims litigation, we offer the expertise you need.
Our bankruptcy counsel is also available for consultations concerning the bankruptcy considerations to be addressed prior to finalizing a divorce. Since bankruptcy and divorce often occur within two years of each other, one should not defeat the goals of the other. Likewise, consultations regarding asset structuring to maximize exemptions or to leverage claims, as well as critical considerations regarding the timing of actions by debtors and creditors in light of a potential future bankruptcy filing are offered to avoid some of the pitfalls of bankruptcy.
General commercial litigation experience is combined with more than 20 years of experience in litigating matters before the Bankruptcy Court. We are able to address bankruptcy issues arising out of employment issues, contracts, real estate transactions, consumer accounts, deposit accounts, set offs, probate claims, insurance claims, and landlord-tenant.
In addition, we assist individuals and companies desiring to purchase assets from bankruptcy estates.
Estate & Trust Planning
Estate & trust planning attorneys draft last wills & testaments, living wills, trusts, and durable powers of attorneys and also assist in forming guardianships, family foundations, special needs trusts, charitable trusts, filing annual gift tax returns, estate tax returns and giving advice on elder law protections. Our attorneys have the experience to assist you in planning your estate tailored to your individual needs.
A will allows you to direct the distribution of your estate assets upon your death. If you do not have a will, then Florida law will dictate how your assets will be distributed upon your death. The will also allows you to name a personal representative to administer your estate, the trustee of any trusts to be created under your will for the benefit of minor children or others, and the guardian of any minor children you may have. A trust allows you to make transfers during your lifetime that would avoid the need for probate after your death.
Our estate & trust planning and tax attorneys also represent you, if necessary, through tax audits, tax litigation, and other lawsuits and disputes in all venues and jurisdictions, trial and appellate related to estate planning matters.
Guardianship
The mission of our ZKS guardianship attorneys is to provide assistance and support to our clients desiring to act as guardians for minors or incapacitated individuals in accordance with the Florida Guardianship procedures. This includes pre-guardianship planning, preparation and filing of documents necessary to create the guardianship, as well as preparation and filing of routine accountings and other documents required by the court as the guardianship progresses until termination of guardianship. Our guardianship attorneys have broad experience in all areas of the law necessary to meet our client's guardianship needs and to ensure that the guardianship process is a smooth and efficient one.
Labor & Employment
Our labor and employment law attorneys provide insightful counseling for employers to minimize liability and ensure compliance with a myriad of federal and state law and regulations. We also aggressively defend against lawsuits and administrative complaints.
Our labor and employment group has represented small businesses as well as some of the largest companies in Central Florida, private companies and local governments. We offer a wide array of experience and have successfully litigated claims involving wage and hour disputes, sexual harassment, discrimination based on race, national origin, religion, disability, pregnancy and military status. We regularly counsel employers on matters involving medical leave, employee handbooks, personnel, employment agreements and non-compete disputes. We have resolved cases involving violent employees, internet issues and safety investigations.
Our attorneys appear in state and federal courts, including the U.S. Supreme Court, and handle administrative claims before the Equal Employment Opportunity Commission, the Florida Commission on Human Relations, the National Labor Relations Board and the Florida Public Employees Relations Commission.
We take a proactive approach to counseling employers to avoid problems before litigation arises. However, once litigation is inevitable, we will aggressively defend employers at trials, mediations arbitrations or appeals.
Litigation
Representing commercial clients, insurance companies, self-insured corporations and private individuals, the litigation group of ZKS is reputed for their command in trial and appellate courts throughout Florida. In addition, we work to achieve the maximum results for the successful representation of each client, often through alternative dispute resolution and mediation. The strength and diversity of the firm’s other areas of practice provides the essential complement of resources required to defend an array of business and insurance companies.
Insurance Coverage & Disputes
In addition to our trial work in the areas of insurance defense, we also have substantial experience in providing representation in a wide range of insurance coverage and extra-contractual matters. We routinely advise our clients on matters pertaining to insurance coverage and provide coverage opinions and handle declaratory judgment actions through the beginning of litigation through any subsequent appeal.
Insurance Defense/Personal Injury/Product Liability
Our attorneys use their collective trial experience to defend some of the nation's most prominent companies in a full range of third-party liability matters for self-insured corporations and those with a high SIR, and on behalf of insurance carriers. These matters include a wide variety of high-exposure and catastrophic injury claims, trucking and automobile liability, professional liability, intentional torts, premises liability, medical malpractice, security-related matters, wrongful death and government liability.
Professional Malpractice and Liability
ZKS represents professionals in many fields, including lawyers, accountants, insurance agents, real estate brokers and agents, veterinarians and officers and directors of corporations sued in that capacity. Our legal malpractice representation ranges widely, encompassing not just the missed statute of limitations, but also criminal attorneys sued for ineffective assistance of counsel, allegedly mishandled real estate transactions or title work, allegedly improperly drafted estate planning documents or leveraged buyout agreements and many other areas.
Probate & Estate Administration
Our probate & trust attorneys provide assistance to individuals appointed to handle a decedent's estate in order to guide them smoothly through the entire probate process. This includes preparing and filing necessary probate documents with the court, assisting the personal representative of the decedent's estate to retitle assets, sell assets and distribute assets to beneficiaries, and assisting with tax-related matters. Our probate attorneys have broad experience in the many areas of the law, including real estate, trust administration, banking, guardianship, corporate and business law in order to meet all of our client's probate needs. Our probate attorneys also represent you, if necessary, through will contests and estate litigation.
Real Estate
The real estate group at ZKS provides full service representation to individuals, businesses and institutions concerning their real estate needs. From the sale or purchase of an individual building lot to the documentation required for a multi-use Development of Regional Impact, our attorneys have extensive experience with a wide spectrum of transactions, representing lenders and borrowers, developers and users, landlords and tenants alike.
We represent numerous local and national and regional banks as lenders’ counsel, providing competent and responsive services tailored to their needs. We also represent numerous local developers in the acquisition, subdivision, financing and sale of their properties. Our real estate attorneys represent both local and national property owners as landlords concerning their commercial, office and retail properties. We are also adept at evaluating the environmental concerns that arise concerning our clients’ properties.
Easements, Licenses and Special Use Transactions
Each piece of real estate is unique and each parcel will present its own unique challenges for obtaining full utilization of the property. Joint and specialized use situations requiring easements, licenses and other permissions must be viewed from all angles to create the appropriate workable solution for both the owner of the underlying parcel and the user requesting a specialized situation. The ZKS real estate group routinely represents clients involved with adjacent or joint users to create workable solutions and document them in such a way that all parties are appropriately served and protected.
Financing and Lending
Since ZKS serves as counsel to both major regional lenders as well as local community based banks, we have unique experience in representing lenders in all types of transactions where loans are secured by real estate, personal property or intangibles. Our experience in representing numerous lenders on a continuing basis also gives us up to date market information in advising individual, partnership or corporate borrowers concerning their financing needs. Our relationships with mortgage brokers and nonbank lenders also provide a vast network of lending options to our clients.
Leasing
ZKS represents both national and local landlords and tenants in structuring advantageous leasing relationships. Creating an appropriate lease requires an understanding of business, tax and real estate issues and we are skilled at accomplishing the appropriate blending of all issues to maximize the benefits for our clients.
Land Use, Zoning and Development Approvals
Our attorneys are experienced in representing landowners and developers through all aspects of the land use approval process, from simple zoning questions to obtaining approval for mixed use Developments of Regional Impact. Central Florida is a major growth area and the ability to navigate the complex legal, political and relationship issues to obtain appropriate development approvals is a must.
Purchase or Sale Transactions
Our real estate group attorneys are skilled in deciphering complex title issues, tax sensitive structuring and the practical business issues involved in transactions concerning the sale or purchase of real estate. We are authorized agents for most major title companies operating in the Central Florida area and we can obtain title information quickly and efficiently from any area within the State of Florida. Our relationships with national title companies enable us to network with agents throughout the country. We can handle any transaction from the simple house closing to the complex requirements of multiparcel assimilations. Our clients can depend on the comprehensive, innovative, and intuitive counsel provided by our real estate attorneys, whether real estate is a one-time transaction or the foundation of their business. ZKS has grown and adapted with the landscape of this nation and the businesses that continue to cultivate its success.
Tax Deferred Exchanges
Our real estate group and tax group understand the complex aspects of simultaneous exchanges, deferred exchanges or reverse exchanges often required by today's complex real estate market. We also have contacts with national and regional real estate companies and qualified intermediaries who can assist any client looking to acquire or dispose of exchange properties. Our advice to clients is to contact us as quickly as possible in the formative stages of any transaction in which an exchange is contemplated so that the best tax sensitive structure can be arranged.
Tax
We offer tax specialists who maintain their expertise in various areas of tax law and work hand-in-hand with the rest of the team to maximize tax benefits for clients, both corporate and individual, in all types of transactions, including real estate, business and tax-exempted entities.
Our work involves the careful structuring of transactions to obtain the most advantageous tax treatment with the minimum amount of risk. The tax team is responsible for reviewing both public and private securities offerings for tax compliance. In addition, we are actively involved in working with business clients in a wide range of activities, from organizing business entities to arranging for major transactions, such as sales or mergers of companies. They provide assistance in structuring compensation arrangements for key employees and help business owners, especially those of high net worth, to consolidate their business, personal, and estate planning.
ZKS is experienced in handling both federal and state tax audits on the clients' behalf. They prepare position papers and engage in negotiations with the Appeals Office of the Internal Revenue Service or the Bureau of Appeals at the Department of Revenue to argue each client's case. If necessary, we are prepared to litigate cases in the U.S. Tax Court or before various state tax authorities.
Workers' Compensation
ZKS represent carriers, employers and servicing agents as part of our statewide workers' compensation practice. Founders Bernard J. Zimmerman (retired) and Wendell J Kiser, both served as Chairs of the Workers' Compensation Section of The Florida Bar, our mission is to further the interests of our clients while protecting the cause of justice. Our attorneys have chaired national and state professional organizations that relate to the defense of workers’ compensation cases and have served on the Executive Council of The Florida Bar Workers’ Compensation Committee. Our mission is to reduce the ultimate exposure of the client through aggressive yet cost-effective representation. Our clients routinely request representation in cases involving catastrophic injuries, heart attacks, toxic exposure and occupational diseases in addition to common on-the-job injuries. Our attorneys can assist with analyzing employer liability and immunity, controversies between carriers, liens, offsets, third party suits, statutory employers, independent contractors, covered and excluded employments, statute of limitations, compensability issues, course and scope of employment issues, arising out of employment issues, fraud defenses, acceleration or aggravation pre-existing conditions, major contributing cause standard, going and coming rule, premises liability, borrowed servants, special hazard, special errand, traveling employers, deviation, personal comfort doctrine, recreational or social activities, death cases, and attorney fee issues.
Appellate
Through experienced and thorough representation, we assist our clients in taking full advantage of the opportunities and avoiding the hazards of appellate procedure. We recognize that a trial court decision does not always constitute the conclusion of the litigation process. Accordingly, we specialize in protecting our clients’ interest at the appellate level. Our appellate litigators are certified to practice in all Florida state courts, U.S. Circuit Courts of Appeal and even the United States Supreme Court. We are proud of our successful appellate record, which results from extensive preparation and vigorous advocacy for our clients’ rights.
Employer/Carrier/Self-Insured Defense
Practicing statewide, ZKS represents insurance companies, employers, self-insured companies, third party administrators and others involved in workers’ compensation litigation. This includes suits involving workers’ compensation injuries, premium disputes, fraud prosecutions and subrogation actions. Our attorneys appear in workers’ compensation court before judges of compensation claims, in circuit court before judges, in administrative hearings before hearing officers and in premium review hearings before auditors and underwriter review boards. In addition, the firm is well versed in the settlement of cases using alternative dispute resolution.
Federal Employees' Compensation
The Federal Employment Compensation Act covers medical expenses due to a disability sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication and may require the employee to undergo job retraining. Under the Federal Employees' Compensation Act (FECA), ZKS represents civilian federal employees suffering injuries in the course of their employment resulting in wage loss and the need for medical care. This includes representation at hearings, and through the reconsideration and appellate process.
Litigation Management
Our attorneys can oversee your litigated workers' compensation cases and the assigned defense attorneys from the insurance company. This includes case evaluations, mediation and negotiation strategies and attendance at pivotal events in the litigation, such as mediation and final hearing. Typically this involves quarterly file revisions at the insurance company's offices and conferences with the insured. Our firm has the resources and capability to handle litigation on our own or as part of a cooperative venture with corporate counsel. Our attorneys become thoroughly familiar with our clients' businesses, understanding their needs and working with them to achieve their objectives. In doing so, we have witnessed measurably improved outcomes for our clients’ business operations. We have developed valuable industry experience by involving ourselves in our clients’ businesses and constantly communicating with our clients concerning the litigation we are managing.
Maritime Defense
As part of our comprehensive employer protection, We offer maritime employers a federal defense under the Longshore and Harbor Workers' Compensation Act (LHWCA). Though similar to state workers compensation, the LHWCA provides increased freedom and benefits to the maritime worker and thus, increased exposure to the employer and carrier. At and beyond the water's edge the LHWCA, and its brethren, the Jones Act, can result in complex jurisdictional issues and questions of exclusivity, election and indemnification. Florida has more than 800 miles of navigable waterway, and we cover it all.
Premium Disputes
Our attorneys assist parties involved in disputes over premium calculations. These disputes may involve job classifications, payroll audits, modification rates, history of claims and litigation management that impacts premium calculations. We consult with employers to help them avoid or rectify situations that cost them additional workers' compensation premiums.
Risk Management
ZKS assists employers in preventing future accidents and reducing their exposure for past accidents. Some of the services that may be utilized to reduce exposure or existing reserves include; on-site inspections, maximized deductions, review of job classifications, implementation of safety programs, implementation of drug-free workplace provisions and negotiation teams strategic to settle difficult cases.
Special Disability Trust Fund
Employer/carrier recovery from the Special Disability Trust Fund (SDTF) as well as third party liens, apportionment, allocation and social security offsets are an important part of any workers' compensation defense. Chief among those sources is SDTF coverage of claims in which a worker's pre-existing medical condition is aggravated by an industrial injury. The SDTF may reimburse nearly 100% of benefits paid for accidents before 1994 and up to 50% for accidents before 1998. Though the SDTF is closed to post-1998 accidents, it continues to reimburse on prior accidents and ZKS secures reimbursements of millions of dollars annually. Our third party, SDTF and SDF-2 departments can help minimize the cost of your claim.
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