Business Litigation

Thomas & LoCicero lawyers are highly skilled commercial litigators who value your company’s unique story and strive to understand the challenges you face. In the courtroom, TLo uses sophisticated legal analysis, exceptional litigation skills, and simple hard work. The large number of reported cases we have litigated is a testament to our real-world courtroom experience.

Our business litigation practice extends throughout Florida and across the Southeastern United States. We possess sound knowledge and keen judgment to litigate an array of legal disputes, including breach of contract, deceptive and unfair trade practices, intellectual property licensing and infringement, dealership agreements, non-competition provisions, Public Record Act and FOIA claims, constitutional claims, and statutory causes of action.

TLo is skilled in the defense and avoidance of antitrust and unfair competition claims. In the first instance, we advise clients on how to tailor their business practices in new and inventive ways to comply with antitrust laws. In litigation, we aggressively promote your right to compete vigorously in the marketplace and to maximize your success.

Our antitrust counseling and litigation services cover all areas of antitrust and unfair competition law, including: Price fixing and resale price maintenance, monopolization, false advertising, distribution and licensing agreements, Robinson-Patman Act compliance, and best practices under state and federal competition laws.

Thomas & LoCicero lawyers are experienced in litigating a variety of matters involving common law and statutory privacy-related claims under the Computer Fraud and Abuse Act (CFAA), Electronic Communications Protection Act (ECPA), Stored Wire Communications Act (SWA), and their respective state counterparts.  In addition, we handle claims arising out of the “doxing” of information of community activists, unauthorized commercial exploitation of protected health information and intimate private information of former patients. TLo lawyers have also represented media clients in matters involving access to student records potential subject to statutory restrictions under state and federal educational privacy laws, including the Family Educational Rights and Privacy Act (FERPA).

Our professionals also routinely represent clients in connection with subpoenas and other discovery matters seeking to compel disclosure of personally identifiable information about non-parties and other individuals and in ensuring compliance with existing privacy policies to protect the individual privacy interests.

TLo attorneys have assisted clients in taking action against third parties suspected of impersonating clients and/or using social engineering techniques to defraud client’s customers into divulging sensitive or financial information or otherwise attempting to harm customers or other third parties, as well as taking remedial action in response to the tortious posting of material in social media channels that violates the privacy rights of the client, creates a threat of harm or constitutes commercial misappropriation.

Our professionals routinely assist clients in evaluating potential claims or taking steps to mitigate harm in situations involving the actual or threatened release of confidential information by trusted third parties. Such assistance can require urgent assessment and investigation of suspected breach, prompt evaluation of the applicability of state or federal data breach notification requirements, coordination of a communication plan that addresses stakeholder concerns both inside and outside the company, assembling redress options to potential aggrieved data subjects and prompt follow-up to evaluate and remediate any systemic, administrative or human errors.

Clients in these areas range from educational institutions, insurance companies, healthcare professionals, wide-ranging non-profit and for-profit organizations and industry groups, tourism and marketing agencies, municipal government agencies, professional sports teams, media outlets, retailers, wholesalers, and grocery food chains.

Unlike many litigation firms, Thomas & LoCicero is also a top-flight appellate law firm. Our lawyers have handled cases at all level of appeal, from intermediate state and federal appellate courts to the U.S. Supreme Court. Because of our reputation as appellate lawyers, clients frequently call upon us to file amicus curiae (i.e., "friend of the court") briefs in significant appellate cases. When the cases we try proceed to appeal, our clients don’t need to retain new appellate counsel. TLo can effectively and efficiently handle your case from start to finish.

Beyond the courtroom, Thomas & LoCicero provides mediation and arbitration services. Gregg D. Thomas  and Jon M. Philipson both serve as mediators and arbitrators throughout Florida. To learn more about their backgrounds and services, please visit our Dispute Resolution page.

Thomas & LoCicero frequently serves as local Florida counsel for out-of-state firms who lack a Florida office or who need effective insight and advice on local practice and procedure.  Our ability to provide such insight and advice stems in part from the fact that many of our attorneys previously served as federal judicial law clerks.  Because of our many years of litigation experience, we likewise often serve as local counsel in state court proceedings. 

Acting as local counsel, TLo attorneys have provided skill and guidance to lawyers and clients in a wide range of litigation matters, including intellectual property, antitrust, defamation and privacy, TCPA, food labeling, and class action defense, among many others. 

Perhaps the greatest compliment that other law firms have paid to TLo is that they frequently return to seek our assistance when they are confronted with new Florida-based matters.  Our attorneys understand and respect the trust other firms place in us when they retain TLo to assist their clients as local counsel.