Practice Areas

International Law

South Florida is considered to be the Gateway to Latin America with strong ties to Europe and Asia. It is no surprise that it has become increasingly difficult to maneuver around international legal conflicts without the assistance of knowledgeable and experienced attorneys. Our team has experience representing domestic and international clients who operate their businesses globally. Furthermore our attorneys have been chief legal officers at major multinational corporations enabling them to solve real-world problems on a global scale. Our dynamic and multilingual attorneys, with training and education in Common Law as well as Civil Law countries, qualifies them to handle international legal issues, including but not limited to:

  • Advising clients on legal issues affecting their business, particularly when that business operates globally.
  • Helping businesses avoid and resolve global disputes.
  • Offering clients local resources and knowledge in the jurisdictions their business operates.
  • Translating Legal documents to and from any of the following languages: English, Spanish, and Portuguese.
  • Advising management and executives on multijurisdictional legal issues.
  • Utilizing our long-standing relationships with leading international firms.
  • Advising international clients on their business ventures in the United States.
  • Drafting, revising, and negotiating contracts as well as acting as an advisor in contractual matters, including Domestic and International Agreements in English, Spanish, and Portuguese.
  • Advising companies on shareholder and employment matters.
  • Assisting clients with legal issues involved in securing funding and financing.
  • Representation of clients in mergers and acquisitions.
  • Advising on compliance and regulatory matters.
  • Counseling clients on technology licensing and product distribution, including the negotiation of licenses.
  • Giving advice to companies in differing industries who want to develop new ways of doing business.
  • Providing legal support on all levels of Internet gaming and promotional contest issues.
  • Structuring franchises to be able to draft franchise agreements.

Corporate, Mergers & Acquisitions

Our attorneys can function as highly effective legal and business partners. We can support you in any or all of the following areas:

  • Contract revision and formation
    • Drafting, revising, and negotiating contracts as well as acting as an advisor in contractual matters;
    • Domestic and International Agreements in English, Spanish, Portuguese;
  • Outside General Counsel

    We offer a unique solution to satisfy the need for competent legal counsel to assist a broad range of business endeavors and associated legal matters. Our outside general counsel representation benefits companies by enriching them with expertise and know-how of experienced legal counsel, without the financial burden of managing legal matters internally. We provide comprehensive legal representation to businesses by drawing on the experience and practical knowledge of our entire team, trading on our collective service as in-house counsel, board members, committee members, and leaders of diverse institutions and organizations. The attorneys at The Law Offices of Kristin Vivo serve as outside general counsel to many varied companies. Our attorneys offer a unique vantage point and provide valuable advice and insight to senior management and boards of directors.

    As General counsel we can:

    • Advise you on legal matters affecting your business;
    • Engage with your business to meet goals, pursue details and achieve closure on various matters;
    • Use business and legal judgment to balance an appropriate level of risk against the business needs in a particular situation and risk mitigation;

  • Entity formation

    We have experience in creating corporate entities (ex. non-profit organizations, corporations, limited liability companies, etc.) and registering them with the correct state and federal divisions. Furthermore we assist our clients in structuring their business organizations

  • Mergers and Aquisitions
    • Mergers and Acquisitions in the United States are governed by state corporation laws and the Federal securities laws. There are three primary types of M&A transactions: mergers, stock deals, and asset deals. M&A transactions can be complicated and involve navigating laws that have changed dramatically over the last several years, and the process of change continues. Our attorneys work with their clients to ensure the transaction is in compliance with Federal and state laws. Furthermore we work with our clients to evaluate the strategy and tactical advantage of a transaction. In an M&A transaction lawyers represent their clients in negotiations on the structure of the deal, perform due diligence and assist with the terms of the contract. M&A lawyers’ responsibilities extend beyond merely negotiating the terms of the agreements, but to the entire process by which decisions are made. This includes board and management counseling throughout the process on legal obligations, evolving corporate governance standards and shareholder relations.
    • Cross Border M&As have increased dramatically over the last two decades. Given this high increase, fully understanding the determinants and implications of this kind of mergers and acquisitions is vital to our clients' sucess. Furthermore, due to their international nature, these types of M&As involve unique challenges which require the counsel of our attornies, who understand the nuances of cross border M&As: countries have different economic, institutional and cultural structures.

Media and Communication Law

Our legal team is knowledgeable in representing and working with multinational internet, music, and media corportions. Our attorneys are experienced in handling:

  • Marketing Law
    • Compliance with Advertising Laws in Latin America and the United States
    • Drafting Rules for Contests and Promotions as well as their registration in Latin American, the United States, and Canada
  • Internet Law
    • Risks in Latin America and the United States involving internet usage
    • Social Media Law best practices
    • Drafting as well as advising on Legal Disclaimers and Privacy Policies for websites
      in the United States, Europe, and Latin America
  • E-commerce and Technology
    • Provide legal advice to companies that purchase technology products and services.
    • Advise on technology and content licensing.
    • Advise on online commercial ventures as well as marketing and promotion law compliance
  • Media
    • Assist clients with creation and operation of media and entertainment companies.
    • Counsel clients on FCC and other regulatory compliance matters.
    • Advise on Internet-based entertainment ventures

Construction Law

From the commencement of a construction project through the completion of the project, the attorneys at the Law Offices of Kristin Vivo are experienced and able to handle all types of construction law matters. Construction law deals with matters relating to the design and construction of improvements on private and public projects including, but not limited to, construction dispute resolution, contract negotiation, preparation, award and administration, lobbying in governmental hearings, oversight and document review, construction lending and insurance, construction licensing, and the analysis and litigation of problems arising out of the Florida Construction Lien Law, F.S. § 255.05, and the federal Miller Act, 40 U.S.C. § 270. Our attorneys will draft and negotiate contracts, provide guidance to mitigate risks, assist with project management in addition to representing you in construction law litigation matters.

Litigation

Put simply, a civil action is a suit between individuals that is instituted in a court of law to: resolve a controversy, enforce provisions of a contract, protect a right, or prevent a wrong. A civil suit may involve a corporation, partnership, individuals, or a state or federal government. Such actions must be commenced within a particular period of time after the cause of action arises. This period of time is called the “statute of limitation.” The statute of limitation varies depending upon the type of case. If the action is not commenced within that statutory period, the defendant may plead the statute of limitation as a defense and may cause the action to be terminated. Civil actions are commenced with the filing of a complaint by the attorney for the plaintiff in the appropriate court. The complaint is the first pleading in a civil action and is the document which outlines the various causes of action against the defendant or defendants. The cause of action is the legal claim for relief which the plaintiff asserts in the complaint. The cause of action may arise out of a civil wrong committed by one party upon another, such as breach of contract, negligence, etc., or a breach of a statutory duty. Each defendant is served under a copy of the summons, a copy of the complaint and attached exhibits.

Business litigation is the practice of law generally dealing with the legal issues arising from commercial and business relationships, including litigation of controversies arising from those relationships. Navigating the waters of business and civil litigation is a complex, detail oriented, process that requires careful planning and strategy; it should be handled by an experienced attorney. A litigation lawyer is often consulted for legal representation and to help settle a dispute. Our litigators provide litigation counsel, advice, and support to corporations, as well as individuals. Our attorneys provide the talent needed at an appropriate, cost-effective level of staffing from the initiation of the civil action all the way through mediation and trial.

We are experienced in resolving a wide variety of disputes and causes of action including but not limited to: Breach of contract; Non-compete agreements; Employee-Employer disputes; Distributor-manufacturer disputes; Shareholder and Member disputes; Disputes over the purchase or sale of a business; Misappropriation and Conversion; Theft of Trade Secrets; Violation of Florida’s Computer Abuse and Data Recovery Act and the Federal Computer Fraud And Abuse Act; Disgorgement; Tortious Interference With Business Relationship; Usurpation of Corporate Opportunities; Breach of Fiduciary Duty; Unjust Enrichment; Fraud; Unlicensed construction contracting; Violation of the Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA); Breach of Covenant of Good Faith and Fair Dealing; Violation of Anti-Cybersquatting Consumer Protection Act; Negligent Construction; and Fraud in the Inducement, among others.

Probate and Trust Litigation

The attorneys at the Law Offices of Kristin Vivo have broad experience handling complex, disputes involving wills and trusts. Probate is a court-supervised process for identifying and gathering the assets of a deceased person, paying the deceased’s debts, and distributing the deceased’s assets to his or her beneficiaries. Ordinarily, the deceased’s assets pay the probate court costs, the deceased’s funeral expenses, then the deceased’s outstanding debts. The remainder of the assets are distributed to the deceased’s beneficiaries. Probate is oftentimes necessary to transfer ownership of the deceased’s probate assets to the deceased’s beneficiaries in addition to winding up the decedent’s financial affairs. Our experience with probate litigation, includes representing personal representative, opening estate administrations, will contests, claims of undue influence or lack of capacity, probate accountings, actions brought against personal representatives, and actions involving creditor claims.

Our firm also handles trust and estate litigation such as breach of fiduciary claims, will and trust contests in addition to will and trust construction proceedings. The revocable, or “living,” trust is often promoted as a means of avoiding probate and saving taxes at death. A revocable trust is a document (the “trust agreement”) created by you to manage your assets during your lifetime and distribute the remaining assets after your death. Upon your death, the trustee (or your successor if you were the initial trustee) is responsible for paying all claims and taxes, and then distributing the assets to your beneficiaries as described in the trust agreement. Our experience with trust litigation, includes claims of undue influence, trust contests, claims of lack of capacity and elective share issues to name a few.