Admiralty & Maritime Law
Boating and fishing are the lifeblood of our Florida Keys culture. No law firm in the Keys has the experience in this field like Horan Law. All public or private vessels are subject to federal maritime law and our firm specializes in a wide range of legal and regulatory issues including marine salvage, shipyard contracts, service contracts, maritime liens and foreclosures, purchase and sale of vessels, liability claims, and Jones Act liability.
Maritime law governs vessel registration, licensing, inspection, shipping contracts, maritime insurance, and the carriage of goods and passengers. All boating activity in the Keys is subject to maritime law, including all boating accidents, damage to vessels, piracy, criminal activities, and injuries.
Marine Salvage
Marine salvage normally involves a claim against the original owner. For historic vessels, it normally involves an ownership claim by a foreign government. Salvage of modern vessels mainly takes place by contract. The salvor enters into an agreement the owner or insured of the vessel. Even if no contract exists, a maritime relationship may still be implied. To claim a pure salvage award, the salvor must bring a claim before the Federal Admiralty Court to receive an award based on the success of the service and the value of the property. For over 30 years, David Paul Horan has represented a majority of the salvors of historic vessels and aircraft.Supreme Court Victory!
David Paul Horan successfully represented Mel Fisher/ Treasure Salvors against the United States and the State of Florida. The case ended after his successful oral argument before the United States Supreme Court.Call Horan Law at (305) 294-4585
Business & Commercial Litigation
Our attention to detail, communication skills, and responsiveness are our calling cards. From business planning and company formation, contract disputes, employment disputes, to intellectual property disputes, we’ve done it all.
- Contract disputes, shareholder disputes, business torts
- Intellectual property litigation, Florida’s Uniform Trade Secrets Act
- Commercial collections
- Unfair and deceptive trade practices
- Labor and employment litigation, confidentiality, non-competition, and non-solicitation disputes.
- Unfair and deceptive trade practices
- Fraud and Defamation and other business torts
Call Horan Law at (305) 294-4585
Fish & Wildlife Law
The commercial and recreational fishing industries very often find themselves caught in a net of both federal and state regulations. At times, these regulations conflict and overlap. Horan Law is experienced in navigating a way through these regulatory nets.
While Florida’s territory extends three miles into the Atlantic and nine miles into the Gulf, a lot of our commercial fishing takes place beyond state jurisdiction. The landing of federal fishery resources in state ports was forcing fisherman to limit the size of their catches to comply with state regulations. Horan Law successfully contested the State law on constitutional grounds.
Horan law successfully argued the Florida Statute threatened the livelihood of fisherman since the fish were being caught in Federal waters and landed in Florida. Many of today’s fishery regulations, State and Federal, were influenced by Horan Law cases.
Call Horan Law at (305) 294-4585
Business Transactions & Commercial Contracts
For all business owners, transactions are a regular and fundamental part of doing business. Some commercial transactions can be informal, but for your protection, most should be formalized through the creation of contracts. Horan Law has been drawing up commercial contracts for almost 40 years. We have the experience you are looking for.
Our attention to detail, communication skills, and responsiveness are our calling cards. From business planning and company formation, contract disputes, employment disputes, to intellectual property disputes, we’ve done it all.
- Evaluation and formation of corporations, LLCs and partnerships
- Business planning
- Negotiating, structuring, and preparing commercial agreements
- Debt financing transactions and loan review
- Confidentiality, non-competition, and non-solicitation agreements
- Trademark, copyright registration, and licensing
- Franchise review and assistance
- Real estate, asset acquisitions, real estate litigation
- Debt financing transactions and loan review, commercial collections
Call Horan Law at (305) 294-4585
Administrative Litigation
Here at Horan Law we fight for our business community against over regulation by our local, state, and federal governments. People often say, “You can’t fight City Hall”. We completely disagree. The government is run by people, and however well-intentioned people may be, government often makes mistakes. We represent administrative issues against city, county, state, and federal agencies.
If an agency is considering or has passed a regulation that negatively affects your business, Horan Law is here to help.
Call Horan Law at (305) 294-4585
Landlord & Real Estate Law
Landlords and tenants are afforded certain rights under the law. Not knowing the law is not a legal defense. If you are contemplating investing in rental property, or if you own rental property, you should retain counsel. Horan Law has the experience in drawing up commercial or residential leases. We can advise you of your rights and obligations under the law and advise you on all regulation and compliance issues.
Florida law does not allow a landlord to force a tenant out by shutting off utilities, by changing the locks, or removing the tenant’s personal possessions.
Call Horan Law at (305) 294-4585 to understand your rights.
Construction Litigation
In the 1970’s the Florida Keys were designated as an Area of Critical State Concern. This designation has made it extremely difficult and expensive for landowners to obtain building permits. Landowners have had to wait years, even decades, to build on land they own and pay taxes on. Time for the County to allow new construction of new residential units is running out. In 2023 local and county government will stop issuing residential building permits.
Currently in Monroe County, there are over 6,000 undeveloped lots and parcels of land that are drastically reduced in value due to government regulations. The Fifth Amendment of the United States Constitution states that no private property may be taken for public purposes without due process of law and “just compensation”.
If you are a property owner in our Area of Critical State Concern, we believe that when you pay your property taxes, there is an implied contract/promise from local government to protect your future right to use your property. Horan Law will help you enforce your constitutional right to use your property or require local government to pay you for it.
Call Horan Law at (305) 294-4585
Criminal Defense
If you have been arrested or suspected of committing a crime, contact Horan Law as soon as possible. Having an attorney before you are formally charged can have an impact on what could happen in the future, and a criminal charge can mean the loss of your livelihood and reputation. We examine the evidence and protect you from unreasonable search and seizure, overzealous police officers and/or prosecutors. If we cannot resolve the case, we will try it.
Whether an arrest is for DUI, drugs, domestic violence, robbery, assault, or other serious crime, it is important to have an attorney who has years of experience working in the local criminal justice system.
Call Horan Law at (305) 294-4585
Personal Injury
If you or someone you love has been injured, call Horan Law and we will be there from day one. We can help those who have been wronged due to someone’s negligence. Whether is it is a boating accident, motor vehicle accident, workplace injury, resort accident, pedestrian injury, product liability, or malpractice we will work with you or your loved one to receive just compensation for an injury or wrongful death.
An accident that involves a yacht, fishing boat, speed boat, Jet Ski, or other personal watercraft, is subject to maritime law.
Pedestrian and motor vehicle accidents can result in catastrophic injury or wrongful death. Workplace injuries are often the result of negligent safety precautions or improper training. Resort accidents are often the result of improper maintenance, lack of warning signs, debris blocking walkways, improper lighting, or negligent security that can result in robbery or worse.
Call Horan Law at (305) 294-4585
Civil Rights
Civil Rights goes far beyond discrimination and the right to vote. When the government says it will no longer issue building permits and your property becomes worthless, that is a violation of your civil rights. When a commercial fisherman’s catch complies with federal regulations in federal waters, but state or local authorities say you are in violation of state regulations that is a violation of your civil rights.
The United States Constitution and the Bill of Rights guarantees personal freedoms and limits the government’s power. The Constitution states that no one can be deprived of life, liberty, or property without due process of law and just compensation paid. Any action by government depriving someone of a constitutional right is a civil rights violation.
Horan Law feels deeply about civil rights and has a long history defending them, right up to the Supreme Court of the United States. One of our favorite quotes is, “A true patriot must always be ready to defend our country against its government.”
Call Horan Law at (305) 294-4585 to fight for your civil rights
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AREAS OF PRACTICE
PRESERVE OUR KEYS WAY OF LIFE WITH EXPERIENCED LAWYERS WHO CARE. CAll (305) 294-4585 today.