Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
No matter what industry your business competes in, it is more likely than not that a legal dispute will inevitably arise. Whether you are a private individual, a partnership, or a large corporation, it always helps to have an experienced attorney to go to bat for you in court. 36 Years of Litigation Experience Business litigation lawyer Eric Lanigan has 36 years of experience when business litigation is necessary and knows what it takes to resolve complex legal issues. Roddy Lanigan and Eric Lanigan of Lanigan and Lanigan P.L., will work to help your business handle all manner of legal situations you’re likely to encounter at some point and make sure that it can continue to grow and remain profitable. Generally, when a business dispute arises it can be resolved through negotiation or arbitration proceedings which give both sides a swift and efficient resolution. Negotiation and arbitration are excellent ways to avoid going to court and paying unnecessary fees for many legal issues. The Lanigans are very aware of how expensive legal fees can become when there’s need for litigation. However, other times the dispute can grow into a problem that neither side could have foreseen and the only way to resolve it is through business litigation. At this point it’s very important to have an attorney with courtroom experience. Contract and Tort Related Issues Business litigation covers a wide array of legal issues but most are contract and tort related. Many times businesses just want to continue business as usual but a breach of contract can result in bad blood between two companies and the only way to...
The Law
In recent years leveraged buyouts have become more common in the business world despite opposition from courts. Although leveraged buyouts are not per se fraudulent, creditors may look to fraudulent transfer law to avoid the transfer made by a corporation if it fails to pay its debts. In simplest terms, a leveraged buyout is a transaction in which the purchase of shares of in a corporation is financed by the corporation itself or secured by the assets of the corporation. In essence, the corporation makes available its own funds or other assets to enable the buyer to finance the purchase of its shares. The expectation is that the corporate assets will be restored over time from future profits that the buyer will make from the operation of the corporation’s business. Leveraged Buyouts Structures Leveraged buyouts are structured in many different ways. One method is for the corporation to allow the buyer to use its unencumbered assets to secure the purchase price of the shares. The seller may give the buyer credit for the price of the shares and secures this credit by having the corporation grant a security interest in its assets. However, if the business does not produce large enough profits, the debt will not be repaid, and the assets will be foreclosed upon. The risk of failure is borne not only by the corporation, but also by its unsecured creditors who have lost the protection of recourse to unencumbered assets. Purpose of a Leveraged Buyout Some people view leveraged buyouts as serving useful purposes, such as facilitation of changes in corporate management, the promotion of efficiency, and...
The Law
Determining whether a reverse mortgage is a viable option for an individual who is over 62 years old is as simple as consulting first with an attorney. The only time a reverse mortgage is not a worry or an issue is when a homeowner wants to stay in a home, can afford all taxes, insurance and any unforeseen and normal maintenance. Reverse mortgages are beneficial to borrowers because holders don’t have to repay the loans unless they sell their homes or move, so the term “default” seems contradictory. Unpaid insurance bills and taxes, however, are considered to be in default. Lowered home values make it hard for anyone, retirees especially, to rely on home appreciation to support retirement. Diving home values make it even harder to hard to sell a home or take out a home-equity line of credit. Falling home values reduce the amount of cash a retiree could pull for a reverse mortgage. So the key to a successful reverse mortgage are sorting through the complicated terms that can only truly be clarified by an attorney to land on the side of the homeowner. Incredible closing costs can turn a good deal sideways. Cash-strapped seniors who use savings to pay for those closing costs can easily fall behind on tax and insurance bills. Those holding reverse mortgages may no longer have any equity, because their home has dropped in value which ultimately makes it harder to sell the home. There is currently some debate over one specific type of reverse mortgage, the Home Equity Conversion Mortgage (HECM). The HECM is designed so that borrowers can never be...
The Law
Investment fraud can happen to anyone, however, Florida’s a state rich in scam artists because of the large number of senior citizens and retirees who reside in the state. Florida’s economy isn’t fantastic, yet it’s a state rich in retirement funds which makes Florida residents targets for investment schemes. If you’ve been taken advantage of or believe that there has been broker mismanagement of funds, fraud or securities or investment losses due to the negligence of a broker, don’t write it off as a loss. Consult with Eric Lanigan and Roddy Lanigan. The Lanigans will work with you to determine whether you can recover the losses if fraud or theft has occurred. Floridians of All Ages Have to be Careful Investors Fraudulent investments include mortgage fraud, Ponzi schemes, MLM (multi-level marketing), get-rich-quick investments, or investment losses due to irresponsible broker behaviors. Since January 2011 there have been several individuals charged or sentenced for fraudulent investments: Scott Rothstein pleaded guilty in January 2010 to five counts of racketeering, money laundering and wire fraud, admitting he sold investors interests in bogus settlements in sexual-harassment and whistleblower suits. He was sentenced to 50 years in prison for taking people for $1.2 billion in Florida, and other parts of the U.S., Europe and Asia. The FBI Miami Field Office charged five defendants in connection with violation of securities laws. Specifically, the cases charged “microcap” stock market insiders and promoters. Microcap stock refers to companies with low capitalizations, meaning the total value of the company’s stock. Microcaps usually have limited assets and its stocks tend to be low priced and trade in low volumes. To date,...
The Law
Warn, Support the Seniors in Your Family to Avoid Scams The AARP shares articles on its website about how to avoid the latest scams targeting seniors. There are tips on how to warn seniors within your family about what they could be approached with by scam artists and watch for seminars that the AARP offers on fraud protection. Winter Park attorneys Eric Lanigan and Roddy Lanigan regularly work with seniors and individuals in a variety of securities and investment losses situations to recover funds. The cases seen include class-action lawsuits against financial professionals, stockbrokers, and retirement fund account managers, who are accused of mismanagement, faulty investment advice, retirement fund misappropriation or theft. The FBI, Securities and Investment Fraud Initiative, has issued warnings in Florida alerting seniors and family members of seniors about common investment scams and fraud. Individuals with senior relatives in Florida are also told to be particularly wary of investment scams due to the large number of investment and Ponzi schemes that occur in the state. Florida’s population is the fifth oldest state in the nation according to the US Census Bureau. Retirees have more long-term savings, steady income from fixed pensions and other retirement funds than younger populations. This makes the state and seniors in Florida a marked interest to criminals who target seniors and the millions of retirement fund dollars that they hold. In an effort to protect and educate people over the age of 50, AARP information sessions are held across the country by local chapters on investment fraud, fraudulent offers that come in through direct mail, in-person, online, over the phone and on TV. Tips to Avoiding Scams Targeting Seniors...
The Law
It’s important to know a lawyers’ experience if you’ve been in an accident and are dealing with a life-altering injury. Winter Park personal injury attorney Roddy B. Lanigan works with and Eric A. Lanigan, at Lanigan & Lanigan, P.L. Eric has been practicing law in Florida for 36 years strengthening the Winter Park, Florida, firm through partnership with Roddy in 2007. Roddy Lanigan puts the full resources and legal capabilities of Lanigan and Lanigan behind every personal injury case. He works directly with clients who benefit from the one-on-one legal counsel and the immediacy of an attorney available in-person and by phone. Roddy handles all aspects of personal injury cases and is the attorney who will work with you, the client. Roddy Lanigan knows the status of the case because he’s handling its progress. Roddy is who you will speak to from the first meeting through its completion and every meeting and phone call in-between. He is available for updates, questions and concerns. He personally calls clients and returns all calls within 24 to 48 hours. Roddy writes and files legal briefs, motions, pleads cases, completes documentation, researches cases, and prepares you for every part of the process. Experience From 36 Years of Practing Law Lanigan and Lanigan, P.L., have experience representing individuals who have been tragically injured or have had physical trauma that has affected their quality of life. There are situations where families’ or individuals’ lives are changed forever due to an accident or a product failure. Then it’s up to the lawyers’ trial experience, negotiation skill, ability to manage time, billing and ultimately the outcome of a settlement that...
