FEDERAL LITIATION PRACTICE

Federal Litiation Practice

Maldonado Law maintains an active federal practice for civil and criminal actions and appeals. Primary the areas of representation in federal litigation have been:

• Federal Statutory & Diversity Civil Claims – Plaintiff and Defense
• Trademark Infringement – Plaintiff and Defense
• Trademark and Copyright Counterfeiting
• Digital Millennium Copyright Act Claims
• TCPA Claims– Plaintiff and Defense
• Federal Trade Commission Defense
• Claims in the U.S. Federal Court of Claims
• Federal Agency Determination Appeals
• FCC & FAA civil forfeiture Claims
• Federal Arbitration of Claims
• Federal International Claims

Maldonado Law takes an active approach to all stages of litigation, including pre-suit investigation and development, pre-suit defense planning, pre-trial and trial work, and appeals in both state and federal courts. Since civil litigation can involve a broad spectrum of claims, depending on the subject matter being litigated, the firm also maintains on-going relationships with expert witnesses in the areas of: certified forensic accounting, handwriting, electrical engineering (broadcaster, telecommunications, and satellite), systems network administrators and technicians, regulatory compliance, business valuations, and private investigations. The litigation practice group also maintains relationships with other attorneys in various jurisdictions throughout the United States, allowing our firm to represent clients in multiple jurisdictions through Pro Hoc Vice appearance. Our federal practice in telecommunications & technology is often called into active cases to support or coordinate aspects of pre-trial and trial work in tandem with local attorneys needing support in our niche areas of practice. Our primary jurisdictions for litigation are the state and federal courts of the state of Florida. However, we have also participated Pro Hoc Vice in cases in New York, New Jersey, Colorado, Illinois, Texas and California.

E-Discovery of communications and Electronically Stored Information

Maldonado Law maintains within its Federal and Florida practice a focus on E-Discovery of communications and Electronically Stored Information (ESI). For our clients, this begins with our instructions under a litigation hold letter to our client and their IT professionals. The letter outlines not only the preservation of electronic records and communications, but also the development of data maps of potential communications that will be relevant but risk spoilage, loss, and being overlooked. Sometime data is stored in a manner that a simple keyword will yield a result. In regulated and niche technology or communications industries short hand and context become more relevant and can be overlooked. The data map will allow Maldonado Law view the path of data storage to scope discoverable and possibly privileged information. Similarly, requesting a data map early in litigation from the opposing side can reduce extended discovery and corroborate copies of matching communications within the client’s possession. It allows short hand and context to become clearer in stored communications or in cases some communications that were destroyed by one party or another. Larger companies maintain groups of IT personnel to perform the task, but smaller companies do not have this luxury and use multiple communication off-the-shelf and online venders, mobile applications or storage methods to do business and keep their electronic communications including emails, instant messages, virtual meeting environments and telephonic calls.

Because if our experience in the telecommunications and internet fields, we are sometimes asked by other attorneys working a case to assist them in conducting court ordered electronic discovery of communications stored in multiple devices after communications have been overlooked by their client and is subject to a motion to compel. Other times, we are asked to review in-coming discovery to see if possible items were missing to help the attorneys prepare focused questions for interrogatories or deposition. This is just one of the talents Maldonado Law brings to its clients in any case that it litigation on its client’s behalf. Contact us for any unique aspects of communications ESI or communications E-Discovery in your case or matter.

Federal Trade Commission Defenses

Maldonado Law represents clients in defense of claims of Federal Unfair Trade Practice Act (UTPA) claims by the FTC in the Federal Courts of Florida. This includes lawsuits directly against a company and/or individuals, and, claims by FTC Receivers against third-parties (typically venders or affiliated companies) in “claw-back” actions to recover lost funds paid to the alleged offender and then paid to others. Maldonado Law also represents clients in cases of FTC actions for False Advertising Actions, and Telemarketers Sales Rule violation Actions. Our FTC Defense represented clients are those who advertised online, used television or radio commercials to reach consumers, were or used online marketers or publishers of advertising, used call centers, email or text messages to reach potential customers, or offered a technology or web-based service or e-commerce site to market to prospective customers. Some of the services we provide are:

• Representation in FTC Investigations and Pre-suit FTC negotiations
• Preparation subpoena responses to the FTC
• FTC Defense representation in the U.S. District Courts
• FTC Settlement negotiations (during litigation)
• Representation of Third-parties in U.S. District Court for Claw-back actions by FTC Receivers
• Co-counsel representation with criminal defense attorneys to prepare documentation to be used in the owner, officer, or company’s defense
• Defense of Florida Unfair Trade Practice Act (UTPA) and False Advertising Claims online

FTC Investigations and actions and violations carry both administrative law and litigation implications. In cases involving the FTC, claims may be filed in the federal district courts after initial investigation from the administrative agency, including the Florida Attorney General. Often, settlements, called Agreements for Voluntary Compliance, can be reached with the Florida Attorney General in advance of the commencement of a civil action. In rare situations, more than civil liability may exist, and clients and their officers may need to defend against criminal charges in the State of Florida or in the Florida Federal Courts. Maldonado Law provides legal representation in all phases of defense beginning at the investigation stage of actions, through negotiations, discovery, and trial.

Arbitration of Federal Claims

Maldonado Law Group also represents clients involved in the arbitration of federal claims and independently for court-ordered mediation when the matter involves our practice areas or knowledge of the subject matter. In many instances, such forums are a cost-effective, and private, alternative to the courts. While this alternative, dispute resolution forum, allows room for negotiation and settlement, the vigor with which the client’s case, position, or damages must be presented does not change. Our team is keenly aware of this and has successfully brought cases to final hearing on their merits. In addition to keeping our clients informed on the progress of their on-going cases, we also provide the additional service of updating our clients on changes in the law as they may apply to their businesses or profession to avoid future problems that resulted in the conflict subject to the arbitration.

Contact Maldonado Law to schedule a confidential initial consultation about any federal action you may have, or if you have received a federal lawsuit, or if you have a matter subject to arbitration

FEDERAL & FLORIDA LITIATION PRACTICE

• Federal Litiation Practice
• Florida Litiation Practice
• Federal & Florida Agency Practice