Practices & Industries

Appellate Practice 

Alayon & Associates, P.A. is a firm that has operated successfully during more than two decades, serving clients in Federal and State appellate court cases, and obtaining precedent-setting legal decisions in many contexts. See, e.g., Adrian Developers v. De La Fuente; and American Educational Enterprises, LLC, v. State of Florida, as well as procedural and discovery matters. Our attorneys have counseled clients that on who have a strategic interest in shaping on developing new law in emerging areas of business on areas of societal interest. 

 

The firm works closely with clients to manage the record, prepare arguments, and to implement applicable legal theories, providing the client with our knowledge and expertise en route to obtaining a favorable result.

Banking Law, Banking Operations, and Receiverships

The firm’s Financial Services Litigation Group is headed by Richard Alayon, who uses his extensive financial background as a CPA and MBA, Wall Street law experience, and experience with diverse clients, to assist both national and local businesses. From handling individual claims to assisting with nationwide class actions, Mr. Alayon has advised and defended banks, mortgage lenders and brokers, and other financial institutions in a variety of disputes in state and federal courts and in arbitration, as well as before governmental agencies. Also, Mr. Alayon has successfully handled complex plaintiffs cases in such areas. 

Our lawyers collaborate closely with the firm’s associated interdisciplinary team of corporate and other lawyers. The firm also litigates matters involving bank accounts, check fraud and electronic funds transfers, and defends banks in matters involving bank accounts, check fraud, electronic funds transfers, bank receiverships, OTC and FDIC litigation and fraud against banks and their clients.

Our firm also assists and provides legal services to receiverships, including, without limitation, pre-filing planning, filing and establishing receiverships, litigating claims, and recovering assets.

Consumer Finance and Financial Services Litigation

Alayon & Associates, P.A.’s lawyers Consumer Finance practice consists of defending or litigating against financial clients such as banks, mortgage lenders, auto finance companies, payday lenders and other consumer finance companies in litigation involving contested foreclosures, predatory lending, consumer fraud, forced placed insurance, usury violations, loan origination, loan servicing and unfair deceptive trade practices claims, and individuals as well.

The firm represents clients in transactions and litigation involving the following areas and statutes, without limitation:

  • Automotive Finance Representation

  • Banking Operations Litigation

  • Breach of Contract

  • Consumer Fraud

  • Debt Collection and Credit Reporting Practices

  • Disclosure Violations

  • Equal Credit Opportunity Act

  • Fair and Accurate Credit Transaction Act

  • Fair Credit Reporting Act

  • Fair Debt Collection Practices Act

  • Gramm-Leach-Bliley Act

  • Inter-Creditor Disputes

  • Lender Liability

  • Loan Origination and Servicing

  • Mortgage Foreclosures

  • Privacy Issues

  • Real Estate Settlement Procedures Act

  • Truth in Lending Act

  • Unfair Deceptive Trade Practices

  • Uniform Commercial Code, Articles 3 & 4

  • Unlawful Yield Spread Premium

  • Usury

Business Organization & Financing

Today’s global economy and complex business environment call for focused attention to the long-range strategy implemented in the organization and financing of a business. Clients face a variety of new competition within their industries, and in order to win, must be able to specifically identify risk, organizational needs, and financing.  Alayon & Associates, P.A. works with our clients to maximize their returns by helping to properly secure core assets, develop strategy, and anticipate problems before they arise.

As a client of Alayon & Associates, P.A., you will benefit from the familiarity and insight we have obtained through decades of first-hand experience in managing complex and diverse business matters, such as liquidations, hostile acquisitions, structuring, reevaluations, and international dealings. Our understanding and experience gives clients the peace of mind of knowing that the future of their business is in good hands.

Commercial Litigation

Our lawyers have distinguished themselves through our ability to provide clients with well-organized and resourceful case management and to obtain favorable results. Our firm understands the intricacies of the evaluation and accounting issues that arise in business disputes and is able to not only accurately assess them, but to use them in our client’s benefit.

Our team consists of lawyers who are at home in a courtroom.  We rely on this authentic and tangible experience to provide exceptional results for our diverse client base, which includes national and international corporations, investment banks, accounting firms and architectural firms. Our multidisciplinary proficiency in areas such as insurance, tax, real estate, financial services, worker’s compensation and tort law assist our attorneys in developing highly effective litigation strategies.

Condominium Law

The firm represents a growing number of condominium clients.  In addition to advising on all matters of condominium law, the firm assists condominium boards in matters such as, for example, planning for and structuring special  assessments, preparing bid packages for solicitation of competitive bids on major projects, evaluating 40 year recertification reports from engineers and preparing contracts to  effect remediation contracts, evaluating and commencing litigation to enforce contracts or to seek remedies for  wrongful acts, administrative law matters, DBPR complaints, hearings on violations of rules and regulations, and sundry matters.

Construction Law

Alayon & Associates, P.A. assists our construction industry clients from start to finish.  We provide effective representation and advice from the initial project conception and planning through negotiation of contracts and preparation of bids, through monitoring construction progress and milestones, to project completion, and even, if necessary, the resolution of construction disputes. Our experience is rooted in a diverse client base including some of the top construction companies in the world, as well as property owners, developers, construction lenders, construction managers, subcontractors, vendors, architects and engineers.

Our team is an integral player in the construction industry. We are uniquely positioned to handle the diverse challenges that confront the construction industry, including government issues, taxation issues, project finance issues, environmental regulations, bankruptcy issues, intellectual property rights, real estate transactions, labor and employment issues. This range of experience allows Alayon & Associates, P.A. to solve today’s problems today and deliver business-focused solutions during all phases of the construction process.

Criminal Defense (Including Forfeitures)

The firm provides confidential assistance to persons wrongfully under criminal  investigation or criminally charged with violations of Federal  or State law.  Our practice is primarily centered on white collar crimes but also includes other alleged offenses.

Our firm enjoys a good reputation with law enforcement, affording us the ability to confer with investigating authorities and prosecutors in an effort to resolve differences of opinion as to culpability, pending or actual charges, and proper resolution of cases in a professional and ethical manner.

Our firms team includes former prosecutors with extensive trial experience and covers the full gamut of experience needed to litigate modern-day cases at both the Federal and State level.

Our team includes attorneys with extensive experience with forfeitures, who are highly regarded by their peers.

The firm provides confidential assistance to persons wrongfully under criminal  investigation or criminally charged with violations of Federal  or State law.  Our practice is primarily centered on white collar crimes but also includes other alleged offenses. Our firm enjoys a good reputation with law enforcement, affording us the ability to confer with investigating authorities and prosecutors in an effort to resolve differences of opinion as to culpability, pending or actual charges, and proper resolution of cases in a professional and ethical manner. Our firms team includes former prosecutors with extensive trial experience and covers the full gamut of experience needed to litigate modern-day cases at both the Federal and State level. Our team includes attorneys with extensive experience with forfeitures, who are highly regarded by their peers.

Government Law & Litigation

Litigation against government entities is often different from and more challenging than litigation among private parties. Our lawyers recognize that government agencies, specifically regulatory agencies, have real power over businesses, and that the results of litigation with these entities often translate to long-lasting impacts.  Unique factors, such as policy issues or governmental privilege, often arise exclusively in this area of litigation.  Our attorneys anticipate these challenges and approach litigation with government entities in light of the long-term effects to our clients and their various industries.

Our team has experience litigating both against and for federal and state agencies. We have represented the State of Florida for nearly twenty years, and understand the intricacies of both sides of government litigation. Our experience with government litigation matters includes appearances before trial courts, appellate courts, the Florida Supreme Court, and before state and local administrative agencies.

Immigration

Our lawyers represent individuals before the United States Immigration Court, Board of Immigration Appeals, and assist businesses with immigration-related matters.  We are proud to have helped many clients in their quests to obtain the great privilege of entering, residing in, and/or becoming citizens of this great nation.

Intellectual Property

The creation of the U.S. Court of Appeals for the Federal Circuit caused companies and individuals alike to recognize the importance of patent licensing. Intellectual property is regarded as a strategic business advantage. However, the processes involved are extremely technical and require in-depth and technical knowledge of technology and international distribution.

 Alayon & Associates, P.A. assists clients by enforcing their intellectual property rights against infringement and protecting them from potential financial loss.  We help clients file patents and register trademarks with the U.S. Patent and Trademark Office.  We also litigate complex IP matters involving computer programs, trade secrets, and copyright issues.

Real Estate

Alayon & Associates, P.A. has been involved in the practice of Real Estate law for over twenty years.  Our firm’s practice includes work for mortgage lenders, title companies, builders, real estate brokers, and private individuals throughout Florida.  We have handled commercial, residential and recreational real estate transactions.  We assist with the purchase and sale of real estate, including negotiating and drafting purchase agreements and other documents and ensuring good title and closings, as well as financing, re-financing and foreclosures.

Real estate litigation requires extensive knowledge on financing structures as well as the rules and regulations of real estate transactions in order to offer the most effective service to clients.  For this reason, our lawyers devote a great deal of attention to real estate transactions, allowing us to offer our clients excellent service and minimize risks.

Receiverships

The firm has attorneys with credentials and experience uniquely suited for Receiverships.  Mr. Alayon is a CPA, holds an MBA degree and a LLM law degree in Taxation, and has extensive experience in commercial matters.  He has litigated for and represented a growing number of clients seeking to establish or who have established receiverships. The firm follows a business focused and practical approach to receiverships, collaborating closely with and reporting regularly to the courts.

Tax

Tax planning and compliance are essential elements of competitive companies, particularly in an environment like the United States where additional restrictions are constantly being passed. These restrictions inevitably lead to increased scrutiny by tax authorities, and sometimes litigation. Our team works with clients to prevent such controversies by assisting them with their tax planning needs.

Alayon & Associates, P.A. provides an extensive range of tax services, including tax planning in connection with company mergers, real estate investment and financing, business structures, state and local taxes, dispute resolution, and litigation. We also advise administrators and business owners regarding personal income, estate, and gift tax.

Trusts & Estates

The attorneys of Alayon & Associates, P.A. are aware of the ever-changing nature of trusts and estates and ensure that our clients’ and their families’ futures are properly planned. We assist clients and families with wealth transfer and estate planning. We provide advice that reflects both current laws and projected legislation to provide our clients with the best possible outcomes in their planning. We strive to provide clients with personalized, cost-effective strategies for their estate planning.