McKenna & McCausland, P.A. attorneys provide legal counsel and litigation advocacy for a targeted range of commercial and business matters.

Some cases do not end with the trial court's ruling. Quite often, appellate review of a trial court or administrative decision is necessary.

We are experienced in handling the appellate needs of our clients. For State Court matters, we are qualified to write briefs and present oral arguments to the Florida Supreme Court, and all of the Florida District Courts of Appeal. For Federal Court matters, we are qualified to write briefs and present oral arguments to the United States Supreme Court and the United States Court of Appeals for the Eleventh Circuit. Our understanding of the appellate process is an advantage to our clients at the trial/hearing level, where it is critical to preserve issues for later review.

An appeal from a final judgment is the most common action in the appellate forum. However, we also handle appeals of non-final orders and original appellate proceedings for parties. In regard to the appeal of certain non-final orders, an early resolution of such issues can preserve valuable rights and assets for the client. In an era where many cases aren't over until the appellate court rules, McKenna & McCausland, P.A. provides a high degree of representation from the investigatory pre-litigation stage of a claim through the final ruling on appeal.

McKenna & McCausland, P.A. protects your legal rights so you can protect your business. We work closely with business owners of all sizes on a full range of legal services, including but not limited to:

• Commercial litigation
• Business insurance coverage disputes
• Commercial leasing and landlord-tenant matters
• Business formation and incorporation
• Business operating agreements
• Shareholder and Employment agreements

When starting a new business, the owner’s attention is rightfully focused on building a client roster as quickly as possible. However, there are certainly risks that should not be overlooked. Advance planning will help you to choose the right type of business formation, based on your unique situation. Let our Counsel review with you the advantages and disadvantages of a C versus S corporation, or an LLC.

If you have shareholders, we can help you document what happens to the business if one partner wants to sell their shares or becomes incapacitated. A properly written Shareholders agreement can help you avoid expensive and emotionally difficult disputes at a future date. Employees also represent a risk to your business. A disgruntled employee can steal valuable trade secrets, or take their knowledge of your business and clients to a competing firm. We can help you safeguard against the threat of the theft of your business. As your business grows, you may consider purchasing another company or even selling yours for the right price. We understand the needs of business clients, and work quickly and efficiently to increase your legal protection in today's competitive environment.

It remains an unfortunate reality that, from time to time, even the best written agreements require judicial enforcement. Our attorneys possess the commercial litigation experience and personal attention that your business needs. Our Clients choose McKenna & McCausland, P.A. because we promptly identify pertinent legal issues, timely counsel with our Clients, and zealously advocate within a cost-effective litigation plan. When our Clients' legal disputes cannot be resolved without the actual need for trial, our lawyers are experienced in the preparation of legal argument and evidence necessary to successfully present the case to judge and jury. Whether your business seeks to enforce the terms of a commercial lease, or is embroiled in claims of tortious interference, our attorneys are ready to serve you.

In today's economy, some people consider their disability insurance to be a form of unemployment insurance when businesses fail or downsize. Other individuals with legitimate medical conditions do not recognize that it is the severity of a condition, rather than the existence of a condition alone, that can lead to disability. The volume of disability claims has increased dramatically over the past decade, because of these reasons and others. Litigation over insurance claim denials and terminations of disability insurance benefits has become one of the most active areas of insurance law.

The Firm’s of Counsel, Greg McMahon, Esq., is highly experienced in handling litigation arising from ERISA plans, non-ERISA group plans, and individual disability policies. We offer discovery, pre-suit, litigation, post-suit and appellate legal support. We are very familiar with the standard of review and subrogation matters in disability insurance disputes. We can assist you with disability insurance claims involving all manner of disputes, including pre-existing conditions, mental nervous limitations, fibromyalgia, chronic fatigue syndrome, "own occupation" coverage, and "any occupation" coverage.

Mr. McMahon speaks nationally on the current trends and implications of disability insurance law. We are available to address your audience on disability matters at industry conferences or in-house seminars.

All too often in Florida, consumers, businesses and insurers find themselves in disagreement over the coverage terms of an insurance policy. "Bad faith," a term derived from the "covenant of good faith and fair dealing" implied by law in every insurance contract, is frequently cited when a claim is denied or a coverage provision is narrowly interpreted. Charges of insurance bad faith frustrate the normal course of insurance litigation and can result in the threat of punitive damages by the insured against the insurance carrier.

Greg McMahon, Esq. is experienced in evaluating the presence of bad faith in disputes involving insurance companies and commercial business policy holders, and has handled cases throughout Florida - both in state and federal court. It is important to act quickly in bad faith disputes during the claim and litigation process to fully evaluate the underlying claim and any bad faith aspects. Mr. McMahon’s bad faith experience ranges from basic excess verdict claims through complex institutional business practices claims. We frequently handle bad faith matters involving first party and third party claims; extra-contractual (EC) claims; reservation of rights letters; standard business practices; unfair settlement practices; civil remedies; and other provisions of the Florida Bad Faith Statute $624.155.

Mr. McMahon speaks at conferences and seminars on various aspects of insurer bad faith law in Florida. As part of our professional and community service, we can provide insurance-related educational training seminars to claims managers, SIU units, insurance executives, business owners, doctors, and others. Each seminar is tailored to your specific needs and requests.