The Kon Firm
Trial & Appellate Counsel · Miami
Practice

Practice Areas

Commercial disputes, and the agreements meant to prevent them. From the first demand letter to the last dollar collected.

SHT 1

Most matters do not stay in one column

A partnership fight becomes a claim on a personal guaranty, then a judgment, then a hunt for whatever is standing behind it. An estate turns into a fight over the family business. A deal that closed badly becomes a fraud claim, and then an appeal. The practice is arranged so that none of that needs a new firm partway through — the same counsel carries it from the first demand letter through trial, through the appeal, and through collection of the judgment.

Which also means the answer to “is this even your area” is usually yes, and where it is not, you will be told plainly and pointed at someone who does it.

SHT 2

What comes through the door

Business and commercial. Partnership, LLC-member and shareholder disputes; deadlock, lockout, freeze-out and dissolution. Breach of contract, fraud, breach of fiduciary duty, civil theft and conversion. Defamation, trade libel and business disparagement. Trade secrets, non-competes and restrictive covenants. Employment claims on either side — unpaid commissions, departing employees, executive exits. Franchise and dealership disputes. Lender liability, loan and mortgage disputes, guaranty enforcement. Professional malpractice. Emergency relief: injunctions, receiverships and asset freezes.

Community association and real estate. Condominium and homeowners’ association disputes under chapters 718 and 720, on either side — assessments and special assessments, records demands, covenant enforcement, fines, elections, budgets and recall. Landlord and tenant, security deposits, habitability, eviction and eviction defense. Purchase and sale disputes, escrow deposits, title-policy coverage, construction defect, boundary and easement. Developers, management companies and contractors.

Collections and enforcement. Proceedings supplementary under section 56.29, Florida Statutes. Garnishment of wages, accounts and receivables. Post-judgment discovery and asset tracing. Fraudulent transfer under chapter 726. Domestication and enforcement of out-of-state and foreign judgments. Enforcement of arbitration awards.

Trusts, estates and probate. Wills, revocable and irrevocable trusts, powers of attorney and health-care surrogates. Estate and trust administration start to finish — opening the estate, creditors, inventory, accountings, distribution and closing — and advice to personal representatives and trustees on what the office requires of them. Then the contested side: will and trust contests — undue influence, capacity, improper execution. Breach of fiduciary duty by trustees and personal representatives, and their defense. Accountings, surcharge and removal. Guardianship and disputes over a guardian’s conduct. Elder abuse and financial exploitation. Elective share, homestead and beneficiary rights. Tortious interference with an expectancy.

Transactions. Entity selection and formation. Operating, shareholder and partnership agreements with real deadlock and exit mechanics. Buy-sell provisions and valuation triggers. Purchases and sales of businesses and business assets. Commercial contracts and leases. Lending documents, including loans secured by real property. Construction contracts reviewed before signature.

Business halacha. Documents drafted to satisfy halacha and Florida law at once — heter iska, ribbis-safe lending, Shabbos and Yom Tov structuring, shtar chatzi zachar. Bais Din proceedings, and arbitration agreements drafted so the eventual award is one a court will enforce. Confirmation of a psak as a binding arbitration award, and collection on it.

Appeals. Plenary and non-final appeals in Florida’s district courts of appeal. Federal appeals, including the Eleventh Circuit. Extraordinary writs — certiorari, mandamus, prohibition. Preservation-of-error counsel embedded with trial teams, and post-trial motions written with the record in mind.

SHT 3

Where the firm appears

Trial courtsCircuit and county
courts across Florida
Florida appellateThe district
courts of appeal
FederalS.D. Florida and
the Eleventh Circuit
Bais DinFlorida
and beyond

Not sure where your problem fits?