Practices

Johnson, Cassidy, Newlon & DeCort, P.A.

Business, Civil, and Commercial Litigation

Business, civil, and commercial litigation is the core of Johnson, Cassidy, Newlon & DeCort, P.A.’s legal practice. Our firm has deep experience in state and federal trial courts, arbitration proceedings, mediations, and regulatory investigations and proceedings. We first work to gain a complete understanding of the nuances and unique complexities of each matter, the client, and the client’s goals, then work with the client to develop and implement appropriate dispute resolution strategies. Johnson, Cassidy, Newlon & DeCort, P.A. clients include large corporations, small companies, partnerships, unincorporated businesses, and individuals. Our attorneys have worked on a wide variety of matters, from routine business cases to large, complex, high-profile disputes. We have a strong and diverse cross section of capability throughout the firm, and we utilize our skill, legal acumen, experience, creativity, and determination to effectively resolve business and civil disputes. We keenly focus on reducing our clients’ exposure, litigation costs and, in many cases, preserving important business relationships between our clients and their customers.

Complex Family Law Litigation

The attorneys at Johnson, Cassidy, Newlon & DeCort, P.A. have extensive business litigation and financial experience, routinely representing companies and their owners. This experience is invaluable in representing clients in dissolution actions where business valuation, ownership issues, and/or the division of business or other significant assets is critical. Many of our clients in dissolution actions are concerned about the protection of their property, family business, professional practices, or other significant assets, and high net worth dissolution matters are often contested because of these valuation issues. We are prepared to advise clients on the protection of their real property, business assets, stocks, bonds, securities, and inheritances. With our in-depth knowledge of valuation terminology, methods, and processes, we are able to protect our clients’ business interests throughout a divorce. Our attorneys are able to structure property settlements, mediate parenting and custody issues, analyze income and wealth issues, and protect the value of both tangible and intangible marital assets. We have a wealth of experience, enabling us to recognize when it is appropriate to litigate aggressively and when to negotiate effectively in order to settle fairly.

High-Asset Divorce
Complex Property Division
Marital Property Concerns
Modifications
Business Valuations
Equitable Distribution

Consumer Claims Defense Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. represents clients in defense of claims brought by private litigants for unfair competition, false advertising, and unfair and deceptive trade practices; and investigations and regulatory enforcement actions brought by state and federal authorities. In doing so, we draw on our experience representing businesses locally, throughout the State, and nationally in a diverse range of commercial matters. While litigation can often be avoided if consumer claims are evaluated early, if litigation is required we apply pointed investigation, discovery and litigation tactics to limit exposure and allow our clients to continue business operations with minimal distractions. Clients turn to Johnson, Cassidy, Newlon & DeCort, P.A. to vigorously defend their lawful business practices and discourage future filings of meritless consumer claims.

Unfair Competition
False Advertising
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
Government Investigations
Regulatory Enforcement Actions

Creditors’ Rights Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. represents creditors in a variety of matters, in and out of bankruptcy court. Our representation of creditors spans the state and involves federal claims made under the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), state law claims under the Florida Consumer Collection Practices Act (FCCPA), and the representation of secured parties in enforcement of security interests and other remedies.
The representation of creditors requires an interdisciplinary litigation approach for which Johnson, Cassidy, Newlon & DeCort, P.A. is well-equipped. With an emphasis on protecting and enforcing our clients’ rights as creditors in all forums, firm attorneys apply their over 60 years of collective experience in civil and commercial litigation to provide aggressive representation that is all at once comprehensive and personalized to the facts of each case.

Florida Consumer Collection Practices Act (FCCPA)
Fair Debt Collection Practices Act (FDCPA)
Telephone Consumer Protection Act (TCPA)
Setoff, Recoupment, and Reclamation
Enforcement of Collection Remedies

Directors and Officers Litigation

The lawyers of Johnson, Cassidy, Newlon & DeCort, P.A. regularly represent current and former corporate directors and officers in a wide variety of litigation matters. A large part of our practice involves the representation of former directors and officers of financial institutions against professional liability claims brought by federal regulators. We also assist directors and officers in responding to government investigations, and in the defense of derivative actions brought by shareholders of publicly traded and privately held corporations.

Because of the potential exposure involved in professional liability claims involving corporate directors and officers, Johnson, Cassidy, Newlon & DeCort, P.A. also regularly counsels clients and their insurers regarding interpretation and application of director and officer liability insurance policies.The representation of creditors requires an interdisciplinary litigation approach for which Johnson, Cassidy, Newlon & DeCort, P.A. is well-equipped. With an emphasis on protecting and enforcing our clients’ rights as creditors in all forums, firm attorneys apply their over 60 years of collective experience in civil and commercial litigation to provide aggressive representation that is all at once comprehensive and personalized to the facts of each case.

Employment Law

The attorneys at Johnson, Cassidy, Newlon & DeCort, P.A. have extensive experience handling and resolving labor and employment claims for business clients and, on occasion, individual clients in state and federal courts and before administrative agencies. Our attorneys counsel businesses and individuals on issues of labor and employment law compliance. We approach each matter with the goals of protecting our clients’ business or organization and achieving the best possible result in a cost-effective manner, with minimal monetary and reputational risk. Our top priorities are to assist clients with avoiding litigation, claims, and other actions, and work with them to develop appropriate policies and procedures. Our lawyers have experience with numerous industry types and are versed in all aspects of employment law and litigation.

ADA Claims
Affirmative Action Compliance
Discrimination & Retaliation Claims
Drafting Employee Handbooks
EEOC Human Rights
Department Charges
Executive Employment Agreements
FMLA Counseling & Litigation
Grievance Disputes
NLRB Representation
Non-Competition and Non-Disclosure
Agreements
Title VII Litigation
Workers’ Compensation Retaliation
Sexual Harassment Claims
FLSA Claims
Breach of Contract
State Law Employment Torts (e.g., negligent hiring, supervision and retention; fraud; defamation; co-employee; outrage; assault and battery; invasion of privacy; tortious interference)

Healthcare Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. has extensive experience representing health care providers, other licensed professionals, and health care related entities in regulatory, administrative, and litigation matters. Our attorneys utilize their industry knowledge and breadth of experience to obtain the best resolution for clients, with the goal of allowing them to continue providing high quality, cost-effective care. Because health care is one of the fastest-growing industries in the country, and especially in the State of Florida, the potential for disputes is great. When those disputes arise, clients turn to Johnson, Cassidy, Newlon & DeCort, P.A. for assistance in navigating the waters of a heavily regulated and ever-changing industry.

Enforcement or Defense of Restrictive Covenants
Shareholder Disputes
Contract Disputes
Government Investigations
Administrative Proceedings
Qui Tam Claims
False Claims Act
Privacy

Intellectual Property Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. attorneys have a wealth of experience handling intellectual property disputes, from protecting and enforcing client intellectual property rights to defending against related claims. We have litigated cases in state and federal courts, as well as appellate courts, on a variety of complex technologies and a diverse range of business interests. Our lawyers have represented clients in matters involving the laws of unfair competition, false advertising, non-competition covenants, internet and domain name issues, non-disclosure and other business agreements, and various technology-related issues.

Mediation

Florida Supreme Court Certified Circuit Civil Mediator, John E. “Sean” Johnson

Sean Johnson is a Florida Supreme Court certified circuit civil mediator. He is also on the list of approved mediators for the United States District Court, Middle District of Florida. Sean has had experience as a civil litigator since 1986 and has tried cases in many different areas, most of which focused on business disputes, such as trade secrets, intellectual property, contract, securities, fraud, fiduciary duty, whistleblower and other employment law matters. He brings this extensive and varied trial experience to the mediation to help parties manage their own disputes through the self determination that mediation offers which isn’t available to parties at trial.

Florida Supreme Court Certified Circuit Civil Mediator, Stephen Tabano

Steve Tabano has over 10 years of experience as a circuit civil mediator and brings his over 30 years of legal experience to the table at each session. He can provide these services at sites preferable to the parties or at the Johnson, Cassidy, Newlon & DeCort, P.A. offices if the parties are looking for a neutral site. Steve’s background makes him a natural for eminent domain and related cases, as well as other types of cases with valuation issues such as ad valorem tax disputes. He has also mediated other real property matters such as boundary disputes and ways of necessity. In addition to being a neutral, Steve remains a practitioner and his varied experience in commercial litigation will make him a good fit for most cases. Steve reserves dates each month for mediations and is flexible in trying to find a date that works for all parties and their counsel.

Non-Compete Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. regularly represents companies that are seeking to enforce non-compete, non-solicitation, and non-acceptance agreements against former employees and contractors, as well as individuals who have received cease and desist letters or have been sued by their former employers alleging violations of such agreements. We also represent employers that have hired employees subject to restrictive covenant agreements. The non-compete litigators at Johnson & Cassidy first work to gain a complete understanding of the nuances and unique complexities of the dispute, the client, and the client’s goals, then work with the client to develop and implement appropriate enforcement or defense strategies. Firm clients in non-compete matters include large corporations, small companies, and individuals. Johnson, Cassidy, Newlon & DeCort, P.A.’s attorneys have a wealth of experience litigating restrictive covenant cases in state and federal courts, so we understand the disturbances they can cause to businesses and individuals alike. Our outcome-oriented approach to these matters focuses on reaching expedient, cost-effective results with minimal risk. We are Tampa Bay’s non-compete lawyers.

Enforcement and Defense of Non-Compete, Non-Solicitation, and Non-Acceptance Agreements
Temporary and Permanent Injunctions
Trade Secret Claims
Tortious Interference Claims
Contract Review

Professional Liability Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. represents professionals and professional service firms in a wide variety of professional liability matters, including malpractice and negligence actions. Because professional liability claims often implicate complex regulatory, civil, and criminal statutory schemes and threaten reputations, finances, and careers, our attorneys employ aggressive defense and alternative resolution strategies that are specifically tailored to the facts of each case and the individual client’s needs. Limiting risk exposure and protecting against reputational harm are our top priorities when representing clients in professional liability matters.

Professional Malpractice
Professional Negligence
Business Tort Claims
Regulatory Proceedings
Construction Claims

Real Property Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. has extensive experience representing property and business owners in eminent domain and condemnation matters against many different authorities with the power of eminent domain, including the federal government, state government, counties, municipalities, and public and private utility companies. We have also represented condemning authorities and can provide outside counsel service in litigating these matters for governmental entities. Our experience in these matters ranges from large land developers to home owners and from small businesses to national retailers. Our goal is always the same, just and full compensation for the property taken.

Johnson, Cassidy, Newlon & DeCort, P.A. also represents property and business owners when governmental actions exceed what are considered “police powers” and rise to the level of a taking of property. This might be as simple as constructing a public improvement on lands privately held or as complex as regulating the use of a property to the point where all beneficial use of the property is eliminated. Johnson, Cassidy, Newlon & DeCort, P.A.’s lawyers can evaluate these claims and help owners determine whether the government’s actions amount to an essential taking of the property in question; and if it becomes necessary to sue the government, we have the experience to litigate these matters all the way to a jury verdict.

When government threatens to take property or infringes upon the use of property, look to Johnson, Cassidy, Newlon & DeCort, P.A. for assistance in providing a strong, experienced defense.

Receiverships

Counsel at Johnson, Cassidy, Newlon & DeCort have served both as Receivers and counsel to Receivers. These types of cases range from receiverships over local businesses to managing and liquidating properties and assets related to Ponzi schemes. Our legal professionals represent the Receiver’s interest in pursuing and marshaling assets, prosecuting the Receiver’s legal claims, communicating with defrauded investors, and administering the claims process associated with those Receiverships.

SEC Enforcement Actions
Ponzi schemes
Claims Process

Securities Arbitration & Litigation

Attorneys at Johnson Cassidy, Newlon & DeCort offer broker-dealers, their associated persons, registered investment advisors, and other financial services professionals a full-range of legal services. On a nationwide basis, we defend arbitration and legal claims brought by customers as well as intra-industry disputes. We also represent financial services firms and their associated persons in connection with regulatory investigations, inquiries and On-the-Record (“OTR”) examinations. In addition, our attorneys have handled numerous employment related matters, including, but not limited to claims for wrongful termination, U-5 defamation, raiding, promissory note collection, and expungement requests.

Transportation Litigation

Johnson, Cassidy, Newlon & DeCort, P.A. has extensive experience assisting land owners in obtaining permits for driveway connections, median openings and traffic control devices. Such access issues are guided by standards which must often be weighed with practicality and the idea that all properties should have access to the roads they abut. We have handled many of these matters, as well as those where government wishes to close or restrict a connection or median opening. The use of experienced traffic engineers in these matters is essential and we have seasoned engineering consultants that we can add to the team to work toward a successful outcome. We also have experience in assisting advertisers with obtaining permits to construct and maintain outdoor advertising signs along the state’s roadways, and have handled administrative proceedings related to denying or revoking an ODA permit. Outdoor advertising signs are often the subjects of eminent domain takings and the owners enjoy all of the same rights as any other property owner in such a proceeding. Finally, our experience extends to assisting property and business owners who are displaced due to a governmental taking. While government tries hard to help displacees, the process is often rigorous and can result in some legitimate claims left unpaid. Our goal is to ensure that all claims properly presented are paid, including litigating these matters in administrative proceedings where necessary. Look to Johnson, Cassidy, Newlon & DeCort, P.A. to provide the background and skills necessary in litigating these matters.

Access Issues
Outdoor Advertising Permits
Relocation Benefits
Bid Protests

Appellate Practice

The attorneys at Johnson, Cassidy, Newlon & DeCort, P.A. regularly represent clients before state and federal appellate courts in all major areas of civil, corporate, commercial, regulatory, and administrative litigation. They also provide specialized services on issues of law, preservation of issues for appellate review, and other substantive, procedural, and strategic issues that require complex briefing and argument in cases pending in both federal and state trial courts. Our lawyers have a broad array of substantive experience across a diverse mix of practice areas, and they understand the procedural intricacies that affect appellate review. Johnson, Cassidy, Newlon & DeCort, P.A.’s goal is to provide its clients with high quality, cost-effective appellate legal services.

State and Federal Civil Appeals
Business Law Appeals
Administrative Appeals