Lydecker Diaz https://www.lydeckerdiaz.com National Financial & Business Litigaton Law Firm Thu, 13 Dec 2018 18:48:55 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.9 https://www.lydeckerdiaz.com/wp-content/uploads/2018/05/favicon_lydecker1.jpg Lydecker Diaz https://www.lydeckerdiaz.com 32 32 Lydecker Diaz Appoints Patrick Russell as Partner https://www.lydeckerdiaz.com/news/lydecker-diaz-appoints-patrick-russell-as-partner/ Wed, 14 Nov 2018 15:27:16 +0000 https://www.lydeckerdiaz.com/?p=13970 Russell brings more than twenty years of diverse legal experience to role, including active trial practice, insurance law, commercial litigation and ethics law Miami-based law firm Lydecker Diaz recently hired Patrick Russell, Esq. as Partner in its Miami office, adding an accomplished attorney with decades of diverse legal experience to the firm’s growing practice. Russell has been practicing law […]

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Patrick Russell

Russell brings more than twenty years of diverse legal experience to role, including active trial practice, insurance law, commercial litigation and ethics law

Miami-based law firm Lydecker Diaz recently hired Patrick Russell, Esq. as Partner in its Miami office, adding an accomplished attorney with decades of diverse legal experience to the firm’s growing practice. Russell has been practicing law in Florida since 1994 and his previous work includes more than twenty years in private practice, where he handled a wide range of casework. At Lydecker Diaz, Russell will continue to maintain an active trial practice throughout the State of Florida.

“Patrick’s legal experience and documented success – as well as his breadth of practice areas – make him a welcome addition to our team at Lydecker Diaz and complement our existing areas of expertise, including insurance, commercial litigation, and legal malpractice, while adding compliance, ethics, and lawyer regulation to the firm,” said Richard Lydecker, Founding Partner of Lydecker Diaz. “We very much look forward to leveraging his expertise to serve our clients.”

Prior to joining Lydecker Diaz, Russell was Ethics Trial Counsel for The Florida Bar. Before joining the Florida Bar as Ethics Trial Counsel, he spent the majority of his legal career – more than eighteen years – managing his own law firm. During that time, Russell maintained a busy and diverse practice that included both litigation and transactional work involving insurance law, business law, contracts and real estate.

Russell is a graduate of the University of Miami School of Law and Marquette University in his native Wisconsin. He is also actively involved in several professional and community pursuits outside of his legal practice. His memberships and activities include:

  • Chair – Health and Wellness Committee, ADR Section, Florida Bar
  • Florida Supreme Court Certified Civil Circuit Court Mediator
  • Alternative Dispute Resolution Section, Florida Bar
  • WIND, Windstorm Insurance Network member
  • Director for the nonprofit Making History Project (www.making-history-project.com)
  • Former Bar Grievance Committee Member, 11th Judicial Circuit
  • Past volunteer as a Guardian Ad Litem for minor settlements, 11th Judicial Circuit

Founded in Miami, Lydecker Diaz now encompasses twelve offices across Florida and the Northeast that specialize in complex commercial litigation, insurance defense, government liability and labor & employment law.

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Accounting Malpractice 101: What You Should Know https://www.lydeckerdiaz.com/accounting-malpractice/accounting-malpractice-101-what-you-should-know/ Wed, 24 Oct 2018 22:31:41 +0000 https://www.lydeckerdiaz.com/?p=13961 Like any other professional, accountants are held certain standards and are required to abide by the law and follow these standards at all time when providing their services. In the instance that a client suffers direct losses due to the fact that an accountant did not fulfill their role as professional, that client is entitled […]

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Like any other professional, accountants are held certain standards and are required to abide by the law and follow these standards at all time when providing their services. In the instance that a client suffers direct losses due to the fact that an accountant did not fulfill their role as professional, that client is entitled to file an accountant malpractice lawsuit.

The GAAP – Accountant Standards Of Conduct

The particular rules that accountants are expected to follow are laid out by in the General Accepted Accounting Principles (GAAP) in addition to the rules listed by the American Institute of Certified Public Accountants in addition rules set by the State.

Certified public accountants, certified tax preparers, accounting consultants, and asset managers are all expected to follow specific guidelines and rules:

  • Do not knowingly misrepresent details or facts
  • There can be no conflict of interests
  • Only provide services that can be completed competently and with professional care
  • Meet the requirements of licensing
  • Keep client communications confidential

To establish a case of accounting malpractice, the claimant must have suffered monetary losses directly related to the alleged malpractice.

The Most Common Instances Of Accounting Malpractice

  • Maintaining substandard financial records
  • The preparation of incorrect financial reports and business statements
  • Failure to recommend an audit to clients
  • Making mistakes on tax returns
  • Giving out bad, incorrect, or illegal tax advice
  • Inventory errors
  • Fraud
  • Subpar evaluation of documents and financial statements

Breach of Contract

In accounting malpractice cases, breach of contract usually occurs intentionally or negligently. When an accountant deviates from standardized practices knowingly or carelessly, a case for accounting malpractice can be made.

For a breach of contract case to be viable in court, a few things must determined and established. First, there has to be an agreement between the accountant and the claimant to render professional services. After the establishment of an agreement, the claimant has to experience loss, damages, or financial harm that is a result of the accountant’s lack of professionalism or negligence.

Accountant Misrepresentation

When an accountant intentionally misrepresents details in order to mask their transgressions, an accounting malpractice case can be made based on those misrepresentations. To claim an accountant is guilty of intentional misrepresentation, a few things have to be established:

  1. There was an actual representation
  2. That representation was incorrect
  3. The misrepresentation is based on a current or past tangible fact
  4. The misrepresentation can actually be proved right or wrong
  5. The accountant persuaded the plaintiff based on that misrepresentation
  6. The plaintiff relied on that misrepresentation and suffered losses
  7. The misrepresentation can be directly tied to the losses.

Contact Lydecker-Diaz For A Legal Consultation

Accounting malpractice cases are intricate and often very complicated due to the specific determinations that must be made in order to establish a viable case. At Lydecker Diaz, we have years of experience in recovering damages for our clients that were victims to accountant malpractice. Our Miami accounting malpractice attorneys are ready to speak with you and are fully dedicated to your best interests. Contact us today for a legal consultation.

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The 14 Most Common Kinds Of Legal Malpractice Errors https://www.lydeckerdiaz.com/legal-malpractice/the-14-most-common-kinds-of-legal-malpractice-errors/ Wed, 17 Oct 2018 22:21:13 +0000 https://www.lydeckerdiaz.com/?p=13957 There are various errors that comprise a majority of the thousands of legal malpractice claims in the United States each year. 1. Failure to Know/Apply The Law Failing to know or the apply the law properly is the most common type of legal malpractice claim in the United States. This legal malpractice error is defined […]

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There are various errors that comprise a majority of the thousands of legal malpractice claims in the United States each year.

1. Failure to Know/Apply The Law

Failing to know or the apply the law properly is the most common type of legal malpractice claim in the United States. This legal malpractice error is defined almost exactly how it sounds.

Failure to know or apply the law can be defined in two ways:

  1. When an attorney is not fully aware of all the legal circumstances and details surrounding a case.
  2. When an attorney is aware of all legal principles but fails to implement appropriate strategies due to negligence.

2. Planning/Strategy Errors

Planning and strategizing is an absolute must before any legal proceedings. A planning or strategy error claim usually arises if an attorney does not plan adequately enough and this, in turn, hurts the client’s case.

3. Failure to File Documents Without a Deadline

Not having a deadline to file documents is not an excuse for not filing it. You would be surprised to know that this is a very common legal malpractice error. Attorneys are expected to file all necessary documents on their clients’ behalf regardless of time-sensitivity.

4. Inadequate Discovery Of Facts | Inadequate Investigation

This is a legal malpractice error that involves claims that the attorney didn’t perform a thorough investigation or did not use the appropriate methods of discovery to ensure an adequate investigation.

5. Failure to Calendar

Attorneys are required to stay on top of all deadlines, court dates, and documentation on behalf of their clients. If a lawyer is aware of a deadline but failed to take initiative and misses it, a case for failure to calendar can be made.

6. Failure to Know Deadline

When an attorney is completely unaware of a deadline or failed to know how the deadline applies in a particular case.

7. Procrastination

Procrastination claims arise when a lawyer simply doesn’t deal with a client’s matters in a timely enough fashion and this in turn leads to a loss for the client.

8. Failing to Obtain Client Consent

Failure to obtain client consent covers two instances:

  1. When the client claims that he/she would’ve made a different choice if the attorney had explained all the details, offered viable alternatives, or fully explained the risks involved.
  2. When a lawyer needs consent from a client to take action but fails to do so.

9. Conflict Of Interest

If a lawyer has a matter that conflicts with the interests of his/her client, a legal malpractice claim can be made. It doesn’t matter whether or not the attorney was aware of the conflict.

10. Fraud

One of the more self-explanatory claims, fraud is simply defined as any fraudulent actions taken by the attorney.

11. Failure To Follow Instructions

Another self-explanatory claim. Attorneys are supposed to follow the instructions of their clients and a failure to follow instructions claim can be made whether or not the failure was intentional or unintentional.

12. Error In Record Search

If a title, patent, or trademark search does not disclose important items on public record a case for error in record search can be made. This also applies when no public search was conducted when it should have been

13. Clerical Errors

Clerical errors refer to typographical errors and the transposing of numbers in legal documents that would have otherwise been corrected with effective proofreading.

14. Improper Withdrawal

This covers claims that an attorney has not properly withdrawn representation by due to lack of proper communication.

Contact Lydecker Diaz For Legal Malpractice Defense

At Lydecker-Diaz, our team of Miami legal malpractice attorneys has years of experience representing other lawyers in attorney malpractice claims. Contact us today to schedule a legal consultation.

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Lydecker Diaz Opens Permanent Office in New Jersey   https://www.lydeckerdiaz.com/news/lydecker-diaz-opens-permanent-office-in-new-jersey/ Fri, 14 Sep 2018 19:10:24 +0000 https://www.lydeckerdiaz.com/?p=13940 Lydecker Diaz announced the official opening of its New Jersey office, ideally located in Jersey City’s Exchange Place financial district. The new office gives the firm a permanent space with room to grow, and adds to its footprint in the Tri-State area. It is located at the One Evertrust Plaza building, equal distance between the […]

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Lydecker Diaz announced the official opening of its New Jersey office, ideally located in Jersey City’s Exchange Place financial district. The new office gives the firm a permanent space with room to grow, and adds to its footprint in the Tri-State area. It is located at the One Evertrust Plaza building, equal distance between the Grove Street and Exchange Place Path stations. The firm’s New Jersey team was previously housed in a temporary space.

It’s new 4,632 RSF office space will be led by senior partner Robert Pariser. Pariser, who manages both the New Jersey and New York offices, will lead a team of 12 attorneys, in New Jersey. Among them are new firm hires, associate attorneys, Matthew Biondi and Michael Goldman.

Find out more about the firm’s new permanent home and hires in New Jersey via Law 360 and NJBiz.

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Recent Lydecker Diaz Win is a Win for Miami’s Real Estate Market https://www.lydeckerdiaz.com/news/recent-lydecker-diaz-win-translator-not-entitled-to-broker-commission/ Tue, 21 Aug 2018 06:00:06 +0000 https://www.lydeckerdiaz.com/?p=13898 As Miami continues to be a destination for foreign investors looking to buy real estate, many of which are not fluent in English, translators are often used to help communicate in negotiating deals. A case won at the Third District Court of Appeal by Lydecker Diaz attorneys Joan Carlos Wizel and Mark Hendricks underscored that […]

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As Miami continues to be a destination for foreign investors looking to buy real estate, many of which are not fluent in English, translators are often used to help communicate in negotiating deals. A case won at the Third District Court of Appeal by Lydecker Diaz attorneys Joan Carlos Wizel and Mark Hendricks underscored that a broker must initiate negotiations through some affirmative act to bring the buyer and seller together and remain involved in the continuing negotiations, in order to claim commission.

Per Joan Carlos Wizel, this case was a win not only for the firm, but also for Miami’s real estate market. Learn more about the case and how it will impact the current foreign investment real estate landscape here.

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2 Things You Should Know About Real Estate Law in Florida https://www.lydeckerdiaz.com/real-estate/2-things-you-should-know-about-real-estate-law-in-florida/ Wed, 25 Jul 2018 17:09:36 +0000 https://www.lydeckerdiaz.com/?p=13718 Real estate laws can be extremely complex and vary from state to state. In Florida, there are some things that make the state’s real estate law’s unique. Here are the most important things that you should know about real estate law in Florida: Florida Homestead Exemptions When it comes to homestead exemptions, Florida is one of […]

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Real estate laws can be extremely complex and vary from state to state. In Florida, there are some things that make the state’s real estate law’s unique.

Here are the most important things that you should know about real estate law in Florida:

Florida Homestead Exemptions

When it comes to homestead exemptions, Florida is one of the more favorable states to homebuyers. Homestead laws around the country safeguard people from losing their homes by allowing homebuyers to keep a portion of their homes protected. In Florida, there is no limit to what portion of the home can be protected and therefore, the entire property can be restricted from creditors even after filing for bankruptcy in Florida.

It is important to note that the Florida homestead laws do not protect against the following:

  • General contractors and home developers.
  • Property liens established before the homestead.
  • All counties and municipalities in the State of Florida

Claiming A Property Through Adverse Possession

In Florida, adverse possession is a law that states that an individual can be granted the title of a neglected or dilapidated property if he/she:

  • Lives on the property for at least 7 years.
  • Pays the property taxes on the property for those 7 years
  • Significantly improves the property from an otherwise neglected, or dilapidated state.

There are several requirements for those looking to claim a property through adverse possession in Florida.

Whether you are looking to claim a property or defend yourself from adverse possession, contact our Miami real estate attorneys for a legal consultation.

Contact Lydecker Diaz For More Information on Florida Real Estate Laws

At Lydecker Diaz, our Miami real estate lawyers are experienced in all aspects of real estate law. Contact us today to schedule a legal consultation.

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Waiting to File Bankruptcy Can Be Devastating https://www.lydeckerdiaz.com/bankruptcy/waiting-to-file-bankruptcy-can-be-devastating/ Wed, 18 Jul 2018 08:00:11 +0000 https://www.lydeckerdiaz.com/?p=13641 Being fully drowned in debts and not having any resources to clear these debts can turn into a nightmare situation for any person or business. The most common solution in such a case is filing for bankruptcy. It is an official declaration that you are unable to pay off your debts due to financial inability. […]

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Being fully drowned in debts and not having any resources to clear these debts can turn into a nightmare situation for any person or business. The most common solution in such a case is filing for bankruptcy. It is an official declaration that you are unable to pay off your debts due to financial inability.

As most professional bankruptcy lawyers will agree, it is advised to file for bankruptcy the moment you believe you won’t be able to repay what you owe.

Avoid The Financial Sweatbox

The “financial sweatbox” refers to the period before bankruptcy is filed.  It is highly advisable to get out of the sweatbox as quickly as possible to as debt collection lawsuits can be filed against the borrower.

There is a negative stigma attached to bankruptcy and this is why many tend to prolong the process. However, getting out of the financial sweatbox should be the main priority so you can start over as quickly as possible.

The Right Time To File For Bankruptcy

The right time to file for bankruptcy is simply when your debt becomes unmanageable.

An unfavorable debt-to-income ratio is one of the first signs that it may be time to consider bankruptcy. Your debt-to-income ratio is the sum of your monthly payments divided by your pre-taxed income. Ideally, what you owe should be less than 40% of your income.

The most obvious sign that its time to file for bankruptcy is when you are taking out new loans to pay off old debts. At this point, you’re only digging a grave that you’ll never get out of.

Speak To The Bankruptcy Attorneys At Lydecker Diaz

At Lydecker Diaz, we can help you start with a clean slate from neverending debt and put a rest to the constant harassment from creditors.

Our team of Miami bankruptcy attorneys is experienced and dedicated to helping our clients make the best financial decisions.

Contact us now to schedule a legal consultation.

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Lydecker Diaz Announces Launch of College Scholarship Program https://www.lydeckerdiaz.com/press/lydecker-diaz-announces-launch-of-college-scholarship-program/ Wed, 18 Jul 2018 02:06:25 +0000 https://www.lydeckerdiaz.com/?p=13345 FOR IMMEDIATE RELEASE   Scholarship Program to Benefit College Undergraduate and Graduate Students   MIAMI, FL (July 10, 2018) – Today, law firm, Lydecker Diaz, announced the launch of a scholarship program benefitting an undergraduate or graduate student enrolled in a U.S. college, university or institute.   The $1,000 Lydecker Diaz Scholarship is open to […]

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FOR IMMEDIATE RELEASE

 

Scholarship Program to Benefit College Undergraduate and Graduate Students

 

MIAMI, FL (July 10, 2018) – Today, law firm, Lydecker Diaz, announced the launch of a scholarship program benefitting an undergraduate or graduate student enrolled in a U.S. college, university or institute.

 

The $1,000 Lydecker Diaz Scholarship is open to any student enrolled in an undergraduate or graduate degree program by September 1, 2018. Each applicant must submit a 500 words or less essay that expresses why he or she was born to practice law, or what area of law he or she would prefer to practice in if he or she was to major in a law. One student will win a $1,000 scholarship to use toward school-related expenses such as tuition, books, or room and board.

 

“We are excited to offer this scholarship to one student to help him or her pursue their education and dreams alleviating some of the worry that comes with student-related fees,” said Mark Hendricks, Managing Partner, Lydecker Diaz.

The deadline to apply for this scholarship is November 30, 2018. A panel of three judges will announce a winner on December 15, 2018. To apply for this scholarship, please visit https://www.lydeckerdiaz.com/scholarship/, or email your application to scholarship@lydeckerdiaz.com.

 

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About Lydecker Diaz

Lydecker Diaz is an AV-rated full-service national law firm with offices in New York, New Jersey, Pennsylvania, Miami, Ft. Lauderdale, Boca Raton, Orlando, West Palm Beach, Bonita Springs, Jacksonville and Tampa. The firm’s attorneys have extensive experience in the areas of commercial and financial litigation, intellectual property, labor & employment, appeals, and corporate & business transactions. www.LydeckerDiaz.com

 

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How Maritime Law Works In Florida https://www.lydeckerdiaz.com/maritime/how-maritime-law-works-in-florida/ Fri, 13 Jul 2018 10:47:46 +0000 https://www.lydeckerdiaz.com/?p=13697 What is Maritime Law? Maritime or Admiralty law includes agreements and mandatory regulations that every business or entity must adhere to if they are conducting activities located on or in the sea. It is to be noted that each country has its own set of laws and agreements that fall under their own respective maritime laws. […]

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What is Maritime Law?

Maritime or Admiralty law includes agreements and mandatory regulations that every business or entity must adhere to if they are conducting activities located on or in the sea. It is to be noted that each country has its own set of laws and agreements that fall under their own respective maritime laws.

What Accidents Does Maritime Law Cover?

Any incident that causes personal injury due to activities on the sea fall under the umbrella of maritime law.

For example, a person injured on a rental jet ski is entitled to file a maritime lawsuit against the rental company if the injury resulted from negligence. Maritime cases

In addition, any accidents that take place on a private boat or cruise ship also fall under maritime law. Maritime law also covers mechanical failures of a boat, cruise ship, jet ski, or any other water vessel that may result in an accident or injury to the individual taking part in the activity.

How Does Maritime Law Work in Florida?

In Florida, the nature of any sustained injuries and compensation for these injuries are taken into consideration when a maritime lawsuit is filed. A maritime lawsuit can be filed for the pain and suffering, emotional trauma, and for medical costs due to sustained injuries.

Maritime lawsuits can also seek compensation for future medical expenses such as prescription medications, physical rehabilitation, and any necessary surgical procedures. Property damage and disability claims can also be filed in addition to the maritime case.

How to File for a Maritime Case in Florida

If you were injured on the water due to someone else’s negligence, contact us. Our team of experienced Miami maritime attorneys is fully committed to helping longshoremen, harbor workers, and cruise ship passengers get the proper compensation they deserve for any injuries or damages.

If a maritime lawsuit has been filed against you or your company, contact us for a legal consultation. At Lydecker Diaz and Associates, our attorneys have years of experience representing businesses

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Everything You Should Know About IP Laws https://www.lydeckerdiaz.com/ip/everything-you-should-know-about-ip-laws/ Fri, 06 Jul 2018 21:54:29 +0000 https://www.lydeckerdiaz.com/?p=13701 Technology and the accessibility of the internet have revolutionized business and consumerism. The growth of the internet and a world that is connected 24/7 has enabled entrepreneurs, businessmen, merchants, artists, and creative minds to reach wide audiences easily. However, the advancement of technology has also increased the chances of infringement. Infringement occurs when your business idea, […]

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Technology and the accessibility of the internet have revolutionized business and consumerism. The growth of the internet and a world that is connected 24/7 has enabled entrepreneurs, businessmen, merchants, artists, and creative minds to reach wide audiences easily. However, the advancement of technology has also increased the chances of infringement. Infringement occurs when your business idea, slogan or anything that is rightfully yours, via a trademark or copyright laws, is used by any other entity without consent.

Simply put, the value of intellectual property (IP) protection has increased a great deal with the progression of the internet. In order to safeguard intellectual property, several IP laws have been written and implemented. Before we shed light on IP laws, let’s have a brief look at what the term intellectual property means.

Defining Intellectual Property

According to the World Intellectual Property Organization (WIPO):

“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.”

(Source: http://www.wipo.int/about-ip/en/)

Intellectual property can be something as abstract as an idea for a business, product, or service.

IP laws are invaluable because nothing is stolen easier than an idea.

The Law On Intellectual Property

IP laws allow holders of intellectual property that to take any legal action against those who have infringed on or stolen their property.

We have laws that secure our rights to our physical and tangible property and IP laws give us control over intangible properties or assets. IP laws allow creatives to use their skills, talents, and expertise to not only earn a profit, but to also produce goods and services that benefit society.

What do Patents, Trademarks, and Copyrights Have to Do With IP?

Patents

A patent is an exclusive right to an invention or product for a finite amount of time. The amount of time a patent can last depends on what kind of product it is. A patented product can be used in the market by the owner or they can sell that patent to any other person. In the case of the latter scenario, it is also implied that the original patent owner is transferring the full rights to the product to the new owner.

Items that qualify for patent rights include technological improvements or advancements, ideas for new machines, and even product design. If a particular product has an uncanny resemblance to another product, patent rights can be denied to the owner.

Trademarks

Trademarks generally last indefinitely and are used to maintain a brand’s individuality (branding, slogan, logos, etc). Trademarks ban other entities from utilizing the likeness for profit.

Copyrights

If an artist wants to safeguard their work from infringement, they can do so by obtaining a copyright. Copyrights can even protect an artist’s unpublished work but it cannot protect an idea that has not been channelized.

Contact Lydecker Diaz For A Legal Consultation

Contact our experienced Miami intellectual property attorneys if your intellectual property was stolen or used without your permission. Our team of attorneys has successfully handled numerous cases involving IP over the years. Contact us now for a legal consultation.

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