Archive For March 29, 2016

Civil Litigation

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Civil Litigation

Our litigators have a proven track record of success in the courtroom.

The attorneys of LML&L work as a team with each of our clients to develop and implement litigation strategies designed to achieve the client’s goals. We regularly represent clients in all types of civil litigation in state court and arbitration throughout the State of Alabama.

Our lawyers have substantial courtroom trial experience. Our experience trying cases gives us a unique perspective that benefits our clients in a number of ways. We know how to staff our clients’ matters in an efficient manner so as to provide both vigorous and cost-effective representation. Our trial experience also enables us to better evaluate the risks facing our clients in connection with their litigation matters. Our willingness to take a case to trial also places us in the best possible position when it comes to engaging in settlement negotiations with opposing parties.

The goal of our litigators is to win, whether through trial, arbitration, or an alternative method of dispute resolution.  We provide cost-efficient service by staffing cases appropriately, utilizing innovative litigation support technology, communicating with our clients, and always evaluating the risks of litigation and employing alternative means of dispute resolution when needed.

Our areas of concentration include manufactured housing litigation, worker’s compensation, general civil litigation, products liability, automotive accident litigation, banking and consumer finance, business torts, insurance fraud and bad faith, shareholder actions, commercial litigation, construction, real estate, health care, and professional liability.

Our practice includes representation of plaintiffs and defendants in matters ranging from very complex litigation to relatively straightforward contract cases.

Lowe, Mobley and Lowe utilizes litigation support technology, including databases, legal research services, and document imaging, and case management systems. That technology enables us to represent our clients in the most complex litigation. We also use technology to better communicate with our clients and involve them in the decisions that affect them.

Employment Law and Worker’s Compensation

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Employment Law and Worker’s Compensation

LML&L has successfully defended employers in a wide range of cases.

Since 1994, Lowe Mobley Lowe & LeDuke has developed a significant employment law defense practice. We routinely represent several companies in the Northwest Alabama region in the areas of worker’s compensation, EEOC charges of discrimination, Title VII claims, Family Leave Act, Americans with Disabilities Act claims, retaliatory discharge claims, contractual disputes, retaliation claims, and other general employment matters.

The attorneys who practice in this area are also regularly called upon by their clients to provide general employment law advice on a daily basis regarding various employment issues. Our ability to do this allows the clients to make rational and educated decisions regarding their employment matters.

LML&L has successfully defended employers in various cases that have been tried in both state and federal courts. The firm is also called upon to by its clients to present seminars on various employment law topics in order to keep their personnel and supervisory employees up to date on the current status of the law.

Personal Injury, Wrongful Death, and Motor Vehicle Accidents

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Personal Injury, Wrongful Death, and Motor Vehicle Accidents

We will work get results for you and your family. Results matter.

Unfortunately, thousands of injuries and deaths occur on the highways every year. The attorneys at Lowe Mobley Lowe & LeDuke are often called upon to investigate collisions involving two or more motor vehicles to determine whether our clients were injured or killed by the negligence or recklessness of another motorist.

We also investigate whether there is some defect in the motor vehicle driven or occupied by our client that would make the case a products liability claim in addition to any negligence or recklessness in causing the collision.

Our firm has represented people who have received serious brain injuries, burns, fractures, breaks, dislocations, neck injuries, whiplash, back injuries, nerve injuries, and other serious permanent injuries as the result of an automobile accident.

We handle tractor trailer accidents, motor vehicle collisions, car accidents, and crashes involving the negligent and reckless conduct of other drivers in:

  • Alcohol and drug-related motor vehicle accidents, collisions, and crashes
  • Drunk driving crashes
  • Hit and run accidents involving personal injuries and property damage
  • Rear end collisions and intersection accidents
  • Motorcycle accidents, crashes and collisions
  • Rollover accidents involving cars, trucks, SUVs and other motor vehicles
  • Semi-truck, eighteen wheeler, and tractor trailer crashes
  • Uninsured and underinsured drivers
  • Wrongful death lawsuits

Oftentimes, these cases require the expertise of an engineer trained to thoroughly and completely reconstruct a collision or to determine speeds, angles of impact, or other information necessary to prove liability and to obtain an adequate recovery for our clients. We have worked with and have relationships with some of the best-known and most qualified experts in these fields.

 

Family Law

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Family Law

We handle the Family Law and Divorce cases with compassion.

Since the firm’s inception, Lowe Mobley Lowe & LeDuke has represented the interests of individuals in domestic relations or family law matters.

Family Law matters require the experience of an attorney who can not only satisfy the legal needs but also the emotional needs of the client at a very unpleasant time in their life.

It takes patience, courage and diligence to handle these type cases and the firm has a proven track record in handling these matters.

Whether it involves a divorce, custody dispute, property matter, child support, legitimization, adoption of other domestic matters, the attorneys at Lowe Mobley Lowe & LeDuke can handle the most complicated domestic relations case.

Corporate Law

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Corporate Law

We represent a diverse set of clients in all types of corporate matters.

Lowe Mobley Lowe & LeDuke regularly represents and provides services to a large number of corporations, limited liability companies, partnerships and other business entities.

The firm routinely assists corporate clients in the structuring and formation of a wide range of companies of different sizes and in different industries.

Our attorneys regularly advise clients on the nature of the business entity to be used, on the day-to-day management and operation of their businesses and in the negotiation of mergers, acquisitions, joint ventures and divestitures of their business interests.

We are frequently called upon to act as outside general counsel to our clients and assist them with business planning, ownership and management issues, corporate governance and commercial law matters.

Clients form a diverse group, ranging from individuals, startups and growing businesses to seasoned companies and public corporations.

We represent numerous closely-held businesses in many industries including manufacturing, consumer products, real estate, healthcare, banking and commercial finance.

Types of Services

Our attorneys represent and advise clients in all types of corporate matters including:

  • Assisting clients in the formation and structuring of Alabama and Delaware corporations;
  • Forming and structuring other business entities, such as limited liability companies and general and limited partnerships;
  • Assisting clients in corporate reorganizations, including conversions to other entities, mergers, recapitalizations, and other restructuring;
  • Providing general advice across a wide range of general corporate issues, including maintenance of minutes and records, foreign qualification issues, board and shareholder meetings, and corporate governance issues;
  • Representing special entities, such as non-profit corporations and associations, professional corporations and limited liability companies and limited liability partnerships;
  • Advising directors, officers and other managers as to their duties and liabilities;
  • Representing entities and their principals in shareholder litigation and in other intra-company disputes;
  • Drafting and reviewing various business and commercial contracts;
  • Generally advising clients as to the corporate law implications of their business transactions.

 Real Estate

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 Real Estate

LML&L also maintains an active real estate practice and Title Company.

We have assisted banks mortgage, companies and other related financial services entities in the purchase, sale and lease of real estate for many years.

The firm is an approved agent for Stewart Title Guaranty Company.

Restrictive Covenants Act

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Restrictive Covenants Act


As a young HR Manager, I remember the overwhelming task of trying to not merely learn all of the laws and regulations affecting the workplace, but also staying abreast of the seemingly endless changes to that body of law.  For our Alabama employer clients, most of those changes come from Washington directly or indirectly.  Some changes are legislated by Congress in the form of new or amended employment law.  Some changes are promulgated by administrative agencies through regulations (Dept. of Labor, National Labor Relations Board, etc.).  Some changes to the workplace come through case law, but most of that is through the federal courts.   However, a recent change for Alabama employers came via the Alabama Legislature.

Effective January 1, 2016, the Restrictive Covenants Act governs non-competition and non-solicitation agreements.  The new law was signed by Governor Bentley on June 11, 2015 and is codified at Ala. Code sec. 8-1-190, et seq.  The format of the new law should be familiar to those who have studied the previous code section, Ala. Code sec. 8-1-1:  a general rule which prohibits contracts that restrain anyone from exercising a lawful profession, trade, or business followed by exceptions to that rule.

Changes to be aware of  include the fact that a writing is required.  “Blue Penciling” is a phrase that describes a court’s ability to void an overly broad restraint in part and reform it to preserve portions of it.  There is also a provision creating a presumably reasonable period of time for a non-competes of two (2) years and presumably reasonable time for a non-solicits of eighteen (18) months.  Finally, the new law shifts the burden of proving the existence of an undue hardship to the party objecting to the enforcement of the restriction.  Finally, it would appear that all restrictive covenants, whenever drafted, are subject to the new statute.

For those of you who may depend on the protections provided for by restrictive covenants, certainly you will want to learn more about the new law and how it may affect your workplace.  If you have any questions about the new law or your existing agreements, give one of the attorneys at LMLL a call.

Proven Success in Federal & State Court

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Lowe Mobley Lowe & LeDuke has secured countless victories at both the state and federal level. Our Attorneys are known for their exceptional track record of success and impressive number of courtroom victories.

Bankhead Waterfalls

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Bankhead Waterfalls

Experienced Professionals

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Experienced Professionals
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