Commercial litigation involves a judicially-driven method for resolving disputes that have arisen in a business or commercial context. A few examples of commercial litigation claims are breach of contract, business torts, joint enterprise and partnership disputes, products liability and breach of fiduciary duty. Guy has provided counseling to and representation of commercial clients in civil court actions, both simple and complex, since his graduation from the University of Miami School of Law in 1985.
Creditors' rights is the specialized area of law that focuses on the enforcement and collection of defaulted debt obligations. Florida courts provide several prejudgment remedies to preserve or control a debtor's assets to secure more perfectly during litigation the satisfaction of any judgment rendered in favor of a creditor. Guy has utilized such prejudgment remedies, as well as prosecuted myriad debt collection actions effectively and efficiently on behalf of both secured and unsecured lenders.
Alternate dispute resolution (“ADR”) are means, formal or informal, used to obtain a final resolution of a legal dispute, usually outside of the governmental judicial process. Arbitration, mediation and negotiation are the typical alternate methods so employed. Arbitration is a formal process, requires the agreement of the parties, the proceedings are generally private and the arbitrator’s decision is binding on the parties and subject to very limited review. Mediation is usually a formal process that uses a third party, the mediator, to meet with the disputants to facilitate an amicable resolution of the dispute. Florida courts generally require mediation prior to trial; or the disputants may agree to mediate their dispute before filing a lawsuit or making an arbitration demand. In either case, mediation proceedings are generally private. Negotiation is the parties’ attempt, usually with legal counsel, to amicably resolve their dispute. Any resolution reached by these methods should be clearly and precisely documented to permit efficient enforcement, if necessary. Guy has employed one or more of these methods in every one of his cases, including in litigated matters.
An appellate law practice involves the analysis and review of records made during a judicial, quasi-judicial or other fact-finding and law-determining proceeding. For the losing party, the appellate lawyer attempts to identify procedural or substantive legal errors made in the lower tribunal that might serve as a legally-sufficient basis to overturn the result reached there and presents them to the proper reviewing body. If representing the winning party below, the appellate attorney presents to the reviewer the pertinent parts of the record below and legal argument to sustain the result below and counter the losing party’s appellate arguments. Guy has represented both trial winners and losers before Florida federal and state appellate courts. Guy’s analytical, legal research and writing skills, together with his appellate experience, permits him effectively to represent his clients before Florida's appellate courts.
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