Denied Claims & Disputes: The Role of an Orlando Insurance Attorney

Denied Claims & Disputes: The Role of an Orlando Insurance Attorney
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Why Was My Claim Denied?
Bad Faith vs. Unfair Claims
Cases We Handle
At Morgan & Morgan, our attorneys understand that when a policyholder submits a claim to their insurance company, they expect the company will act in good faith and honor the validity of the claim. Disputes often arise after an insurance company denies a seemingly valid claim, many times without a legitimate reason or explanation. Insurance companies generate a greater 

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profit when policyholders do not file claims or fail to collect on those submitted under their policies. Some insurance companies habitually deny claims—regardless of their legitimacy—and will only investigate a claim if the policyholder takes legal action.
At Morgan & Morgan, our insurance dispute attorneys have extensive experience helping clients recover the compensation to which they are entitled. If you are in a dispute with your insurance company—or have a claim that was denied or undervalued—contact us today for a free consultation.
Why Was My Insurance Claim Denied?

Unfortunately, insurance companies often interpret and manipulate the language in their policies to minimize or deny valid claims. Insurance providers have a significant self-interest to protect their cash reserves and to avoid payouts to policyholders. When an insurance company denies or undervalues a claim, they may allege that:
There was a material misrepresentation in the policy itself, excluding coverage for this particular claim.
There was a failure by the insured to pay policy premiums on time, which caused coverage to lapse.
The injury falls outside of the scope of coverage.

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Do I Have a Bad Faith Claim or Unfair Claims Handling Case?
Under Florida law, an insurance company has violated the implied covenant of good faith and fair dealing if it did not act fairly and honestly toward its policyholder in response to a claim.
In many cases, policyholders believe they have a bad faith claim against their insurer if a claim is denied; however, this is a common misconception. It is more likely that, if a claim has been wrongfully denied, a breach of contract or unfair claims denial case should be pursued. In most cases, bad faith claims are handled by our personal injury attorneys, not the attorneys in our insurance dispute department; however, some bad faith claims will fall under the umbrella of our insurance dispute attorneys. It is important to contact our Orlando office to determine which type of claim best fits your situation.
Most states, including Florida, have adopted the Unfair Claim Settlement Practices Act and augmented the law to protect the rights of insured policyholders within the state. Unfair claims handling occurs when an insurance company attempts to avoid paying valid claims or reduces the payment to their own policyholders. Examples of unfair claims handling include fraud, misleading or deceiving a policyholder, neglect or refusal to fulfill a contractual obligation, or conscious wrongdoing by the insurance company.
What Types of Insurance Disputes Does Morgan & Morgan Handle?
At Morgan & Morgan, our attorneys are committed to helping clients settle insurance claims disputes in a wide range of practice areas. The following is a non-exhaustive list of the types of insurance disputes handled by the attorneys in our Florida offices:
Professional Liability Coverage
Homeowners and Business Property Losses
Health Insurance
Car Insurance Coverage
Uninsured Motorist Coverage
Medical Billing
Errors & Omissions Coverage (E&O)
Unfair Claims Handling and Bad Faith
Employee Retirement Income Security Act (ERISA) Claims
Disability Insurance
Personal Insurance Protection
Fire Damage
Hurricane and Windstorm Claims
Life Insurance
If you live in Florida and believe that you are being treated unfairly by your insurance company, please do not hesitate to contact us today to see if an experienced Orlando insurance dispute attorney at Morgan & Morgan can help. Get in touch by filling out our

Florida Business and Commercial Litigation Attorneys

Florida Business and

Commercial Litigation Attorneys

The Business Trial Group represents businesses and individuals on a contingency-fee basis in all types of commercial disputes. Our attorneys are experienced at handling lawsuits involving contracts, construction, employment, intellectual property, probate, real estate, securities, and other complex matters. If you are involved in a dispute that is heading towards litigation, our knowledgeable business attorneys will develop and implement an aggressive legal strategy designed to maximize your recovery, whether through negotiation, arbitration, or trial.
Because the Business Trial Group handles commercial litigation on acontingency-fee basis, you will not pay any legal fees unless we successfully obtain a recovery in your case. Removed from the concerns of hourly billing, our business attorneys are focused on getting our clients results.
To discuss your legal matter with the Business Trial Group's commercial litigation team at no cost and with no obligation, contact us today.

Florida Construction Litigation Attorneys

Florida Construction Litigation Attorneys

Our experienced construction litigation attorneys represent owners, contractors, subcontractors, suppliers and design professionals in disputes arising out of both public and private projects throughout Florida. We represent clients in all types of construction lawsuits, including claims for breach of contract, breach of express or implied warranties, negligence, negligent misrepresentation, deceptive trade practices, and fraud. Our construction litigation team, which includes a Florida Bar Board Certified specialist in construction law, works on a contingency-fee basis, so we only receive a fee if we successfully resolve your case. If you have a construction dispute that you would like to discuss with our attorneys, complete our contact form or call us at 877-667-4265 today.
Which Construction Cases do We Handle?
Construction Defect Lawsuits
Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve 

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allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. State law recognizes two basic types of warranties – express warranties and implied warranties.
An implied warranty, on the other hand, is an unspoken and unwritten promise by a manufacturer to stand behind its product.
An express warranty is a promise or guarantee regarding the performance, quality, or use of an item. An express warranty is usually a part of a contract for the sale of goods.
Construction defect lawsuits often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. The implied warranty of merchantability is the seller’s implied promise that the goods sold will perform how they are expected to perform. The implied warranty of fitness for a particular purpose is a promise that a product can be used for some specific purpose.
Our knowledgeable construction attorneys can evaluate your dispute and determine if you have a viable lawsuit for breach of the implied warranties of fitness and merchantability. These construction defect claims are sometimes overlooked because they lie outside the four corners of a construction contract. Our construction lawyers help you recover damages from all legal theories available under state law.
Construction Delay Lawsuits
Our construction attorneys understand that delays in construction projects can have a detrimental effect on the overall profitability of a project. While many construction contracts contain “no damages for delay” clauses, such provisions are generally unenforceable when the delay was caused by fraud, bad faith or active interference. Furthermore, under state law the “willful concealment of foreseeable circumstances that impact timely performance” may also limit the applicability of a “no damages for delay” clause. Our construction lawyers can review the facts of your situation and evaluate the legal options that may be available to you in a construction delay lawsuit. If another party’s negligent or intentional actions caused unreasonable construction delays, you may be entitled to legal relief.
Design Professional, Architect and Engineer Malpractice
Under Florida law, architects, engineers and design professionals are required to use due care in performing work for clients. If you suffered damages because of a design professional’s negligence, our construction malpractice attorneys can help you file a lawsuit. Our construction attorneys handle all types of architect and engineering malpractice cases, including lawsuits involving allegations of:
Defective design
Underestimating costs and expenses
Failure to address issues in a timely manner
Overbilling
Financial damages caused by unreasonable delays

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Failure to supervise a construction site
Failure to comply with building codes, permitting or zoning laws
Failure to comply with specifications and plans as approved by the client
Misrepresentation or omission of an important fact
Architect and engineering malpractice claims generally require expert testimony regarding the applicable standard of care and how that standard was breached. In a professional malpractice suit, the credibility of the expert witness is a key component to winning a case. Our skilled construction attorneys work with leading architectural and engineering experts to help convince juries that the conduct of the architect, engineer or design professional in question did not satisfy the applicable standard of care.
Other Types of Construction Lawsuits
Our construction lawyers also handle cases involving:
Construction delays and interference
Water damage, mold and mildew caused by defective windows or construction products
Breach of construction contract
Defective roofing
Breach of construction warranty
Construction lien foreclosure actions
Insurance coverage disputes, including denied or disclaimed coverage due to late notice
Structural deficiencies, such as cracked or unstable foundations
Construction lien exaggerations claims
Payment and performance bond claims
Electrical and plumbing problems
Environmental issues
Code violations
Extra work claims
Differing site condition claims
Board Certified in Construction Law
The Business Trial Group includes a specialist in construction law who is Board Certified by the Florida Bar. Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism and ethics. Less than 1% of all attorneys are board certified in construction law. Our construction attorneys’ ultimate goal is to use their experience and resources to maximize the potential recovery in your case.
What Is the Statute of Limitations for Construction Lawsuits?
A construction defect lawsuit must be filed within four years of whichever occurs most recently:
The date of actual possession by the owner
The date of the issuance of a certificate of occupancy
The date of abandonment of construction if not completed
The date of completion or termination of the contract between the professional engineer, registered architect or licensed contractors and his or her employer.
If, however, a construction lawsuit involves a latent (hidden) defect, the statute of limitations runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In no event can a construction defect claim be filed more than 10 years after the latest of these dates. Because there is a time limit in which construction lawsuits may be filed, it is important that you speak with an experienced attorney as soon as possible.
Morgan & Morgan’s contingency-fee construction litigation attorneys have successfully represented clients in courthouses throughout Florida. In venues such as Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee, our construction attorneys have won a wide-array of construction lawsuits in which millions of dollars were at stake. To find out if you have legal recourse for your construction dispute, complete our contact form or call us at 877-667-4265 today.
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Florida Trust, Estate and Probate Litigation Attorneys

Florida Trust, Estate and Probate Litigation Attorneys

The attorneys in Morgan & Morgan’s Business Trial Group represent individuals who are owed inheritances (such as money, personal property or real estate) under trusts and wills. Our trust attorneys also represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties. In some instances, we are able to resolve will and trust disputes before filing lawsuits. When litigation cannot be avoided, however, our attorneys aggressively assert their clients’ inheritance rights in the courtroom.
Probate litigation and trust disputes can be prohibitively expensive for individuals paying high flat or hourly legal fees for a trust and estate lawyer. At the Business Trial Group, we believe a person’s financial resources should not limit their ability to achieve a just result in important and emotional legal matters. Because our attorneys handle will, trust, and probate disputes on a contingency-fee basis, our clients do not pay any up front legal fees and we do not charge any fee unless we successfully obtain a recovery.
To get in touch with Morgan & Morgan’s trust, estate and probate litigation attorneys today, contact us online or call us at 877-667-4265.

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Types of Trust and Estate Cases We Handle on a Contingency-Fee
Our accomplished attorneys have experience handing a wide range of trust, estate, and probate cases throughout Florida, including lawsuits involving allegations of:
Lack of Mental Capacity to Sign a Will: A person who is creating a will must be of sound mind and have the mental or testamentary capacity to understand the terms of the document. An individual lacks the mental capacity to create a valid will if he or she is not of sound mind at the time the will is signed. Florida courts apply the following three factors to determine if a person has a sound mind when signing a will:
The person signing the will must have a general understanding of the practical effect of the will as executed.
The person signing the will must understand his or her relationship to those family members who will receive property under the will.
The person signing the will must have the ability to understand the nature and extent of the property that is the subject matter of the will.
If a person signed a will or trust agreement while he or she lacked the mental capacity to do so, our trust and estate attorneys may be able to file a lawsuit on behalf of those who were defrauded.
Undue Influence: A will or trust agreement may be invalid if it was created under “undue influence.” State courts have defined undue influence to mean “over-persuasion, coercion, or force that destroys or hampers the free agency and will power” of the person who is creating the will or trust agreement. If a will or trust agreement was created under undue influence, our probate attorneys may be able to file a lawsuit on behalf of those deprived of an inheritance. The lawsuit will seek to invalidate the will and obtain damages against the person who tried to use undue influence to wrongfully receive money or property.
Breach of Fiduciary Duty: Trustees, guardians and personal representatives of estates are considered fiduciaries and, therefore, must act within the highest legal and ethical standards. These fiduciaries are required to administer estates and trusts:

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In good faith
In accordance with state law
In the interests of the beneficiaries
In accordance with the terms of the document
The Florida Trust Code sets forth the following standards of care that are applicable to personal representatives and trustees:
Duty of Impartiality: If there are two or more beneficiaries, a fiduciary must act impartially in administering property, giving due regard to the beneficiaries respective interests.
Duty of Prudent Administration: A fiduciary must administer a trust or estate as a prudent person would by considering the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying this standard of care, the fiduciary must exercise reasonable care, skill and caution.
Duty to Account: A fiduciary must keep beneficiaries informed of the administration of the trust or estate and periodically provide an accounting of the assets in the trust.
Duty of Loyalty: Fiduciaries must act solely in the interests of the beneficiaries and refrain from actions that could create a conflict between their personal interest and their duties to the beneficiaries.
Our attorneys can hold fiduciaries that fail or neglect to manage assets with the utmost care and professionalism liable for breach of trust or fiduciary duty.
Our trust and estate attorneys also handle lawsuits involving:
Will forgery claims and other challenges to the validity of a will
Mistake in execution
Failure to comply with execution requirements
Interference with testamentary expectancy
Judicial modification of trusts
Challenging a Trustee
Inadequate formalities
Pursuing or preventing termination of trusts
Fraud
Removal of a fiduciary
Surcharge actions
Guardianship disputes
Misappropriation of trust assets
Spousal elective share litigation
Resignation or removal of trustees
Trust reformation or termination
Trust or Will construction
Determination of heirs
In addition to representing individual beneficiaries under trust agreements and wills, our attorneys also represent trustees of charitable and family trusts, as well as executors of estates.
With 17 offices in Florida, Morgan & Morgan is able to handle your trust, estate, or probate lawsuit in venues throughout the state, including Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee. And because our attorneys work on a contingency-fee basis, you will not pay any up-front legal fees and our fee will only come out of the recovery in your case. To speak with Morgan & Morgan’s trust, estate, and probate litigation attorneys, complete our contact form or call us at 877-667-4265 today.
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Lead Contamination in Michigan Tap Water

Lead Contamination in Michigan Tap Water

February 11 2016


Flint, MI: Lead contamination in Flint, MI, has become the subject of a criminal investigation, which according to a spokesperson for the U.S. Attorney's Office in Detroit, now involves the Federal Bureau of Investigation, Federal prosecutors, the U.S. Postal Inspection Service, the U.S. Environmental Protection Agency's Office of Inspector General and the EPA's Criminal Investigation Division.

The lead crisis in Flint is believed to affect as many as 8,000 children under the age of six, who were exposed to unsafe levels 

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of lead as a result of a budget-cutting measure that involved switching the city’s drinking water sources.

Flint is located about 60 miles (100 km) northwest of Detroit. It was under the control of a state-appointed emergency manager when it switched the source of its tap water from Detroit's system to the Flint River in April 2014. However, tests done after the switch revealed that high levels of lead were found in blood samples taken from children in the area. The more corrosive water from the river leached more lead from the city pipes than Detroit water did. Consequently, Flint switched back to its original source last October.

Lead is a toxic agent that can damage the nervous system, and even small amounts can cause serious health problems. Children under the age of 6 are especially vulnerable to lead poisoning, which can severely affect mental and physical development. In children symptoms include developmental delay, learning difficulties, irritability, loss of appetite, weight loss, sluggishness and fatigue, abdominal pain, vomiting, constipation, and hearing loss. Lead poisoning occurs when lead builds up in the body, often over a period of months or years. At very high levels, lead poisoning can be fatal.

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According to a report in the New York Times, “unsafe levels of lead have turned up in tap water in city after city in the US, including Durham and Greenville, N.C., in 2006; in Columbia, S.C., in 2005; and last July in Jackson, Miss., where officials waited six months to disclose the contamination, as well as in scores of other places in recent years.”

Some 18 cities in Pennsylvania were found to have even higher lead levels than Flint, according to a 2014 study by the Pennsylvania Department of Health. The lead exposure rate in Flint, Michigan is 3.21 percent.




Legal Help
If you or a loved one has suffered similar damages or injuries, please fill in the form to the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.


Reader Comments
Posted by
Felix A.Baker
on March 7, 2016
We lived in Flint ,Michigan for 5 years ,we started getting sick could not find the reason was not thinking it was the water ,until it was reported on the news .This was after we had to move for health reason to Jackson ,Mississippi .
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Mesothelioma Treatment and Attorneys Help

esothelioma Treatment and Attorneys Help
It is unfortunate fact that peritoneal mesothelioma is often diagnosed late. It is diagnosed when it is quite advanced. Some people may be too ill to cope with intensive chemotherapy. But you can still have treatment to try to relieve symptoms such as pain, weight loss and fluid in the abdomen.
In peritoneal mesothelioma, fluid collects inside your abdomen. If too much fluid collects, it makes your abdomen swell. This can be uncomfortable and heavy.
Check ups
After your treatment has finished, how often you need a check up will depend on the hospitals guidelines, and also on your situation. Tests you might have include
Blood investigations
X-rays
CT scans
You will not have all these tests every time you go to the hospital. But you might be examined at each appointment and you may 

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have a routine X-ray. You will be asked how you are feeling and asked if you have any new symptoms. You may only be offered scans if there is a symptom that you or the doctor are concerned about.
After surgery, it is usual to see the surgeon after about 4 to 6 weeks and then 3 monthly if all is well. After chemotherapy or radiotherapy your check ups will be every 2 months or so at first. You may see your doctor or a specialist nurse. If all is well your outpatient appointments will gradually become less often.

Talking to someone
Many people find their check ups quite worrying. If you are feeling well and getting on with your life, a hospital appointment can bring back all the worry about having cancer. You may find it helpful to tell someone close to you how you are feeling. If you are able to share your worries, they may not seem quite so bad.

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What to do if you have new symptoms
If you are worried or notice any new symptoms between appointments let your doctor or specialist nurse know straight away. You don't have to wait until the next appointment. Your doctor or nurse would rather know if something is worrying you.

You may prefer to talk to someone outside your circle of family and friends. You could try talking to someone at your local church or place of worship. Or someone at a cancer support group who may have been through similar experiences. It is quite common nowadays for people to have counselling after cancer treatment. To find out more about counselling, look in the CancerHelp UK coping with cancer section.
You can look at our list of mesothelioma organisations for people who can help to put you in touch with a support group. Our mesothelioma reading list also has details of books and leaflets about coping with mesothelioma.
What can you tell me about mesothelioma?
When will you know how well the treatment has worked?
What will you be able to tell me?
How often will you see me after treatment has finished?
What should I do if I am worried between appointments?
What side effects will there be?
What stage is it?
Is there a choice of treatment?
How long will treatment last?
Will I have to have any surgery or radiotherapy or chemotherapy?
Are there any clinical trials that you would recommend for me?
What sort of treatment do you recommend?
What is the aim of the treatment?
Is there anything I can do to help reduce the side effects?
Will I be able to have more treatment if the mesothelioma comes back?
Are there any experimental treatments that might help?

Orlando Breach of Contract Attorneys

Orlando Breach of Contract Attorneys

Morgan & Morgan’s Orlando business attorneys have successfully recovered millions of dollars in Florida courtrooms in cases involving breach of contract claims. In addition to recovering monetary damages for their clients, our attorneys have also obtained court orders requiring breaching parties to perform under the terms of a breached contract. Our attorneys have significant experience handling complex contract disputes and are available to represent both individuals and businesses in lawsuits involving:

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Supplier contracts
Commercial leases
Services contracts
Asset-purchase contracts
Loan agreements
Entertainment contracts
Franchise contracts
Buy-sell contracts
Collection of business debts
Construction disputes
Employment matters
Licensing contracts
Because our Orlando contract litigation attorneys work on a contingency-fee basis, our clients are not burdened with hourly billing rates and monthly legal bills. We only receive a fee if we are successful in obtaining a recovery in your breach of contract case, and this fee is generally a percentage of the amount we are able to recover for you. Without the focus on billable hours, our attorneys’ primary objective is to achieve the maximum recovery in every case.
Get in touch with us today if you would like to discuss your legal rights with our Orlando business attorneys,
What Legal Remedies Are Available in an Orlando Breach of Contract Lawsuit?
In most cases, our attorneys pursue claims for money damages or equitable relief on behalf of our clients. Equitable relief is an order from a court requiring a person or company to act or refrain from acting in a certain way.
Monetary Damages
Liquidated Damages: Some contracts contain a liquidated damages provision, which provides a specific, predetermined amount of money that a court can award to the aggrieved party if the contract has been breached. Clauses for liquidated damages are common in real estate and construction contracts, as well as contracts for the sale or lease of business equipment.
Compensatory Damages: Compensatory damages are intended to “make the plaintiff whole” and provide monetary relief

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representing the benefits the plaintiff would have received had the contract not been breached. Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.
In general, liquidated damages provisions in contracts are enforceable in Florida courts if: 1) the damages resulting from the breach are not readily ascertainable; and 2) the amount of liquidated damages provided under the contract is not grossly disproportionate to the actual damages incurred.
What are Attorneys Fees and Costs? The fees and costs of the litigation may be recoverable if such recovery is expressly provided for under the terms of the contract.
Equitable Remedies in Breach of Contract Cases
Specific Performance: In some cases, our attorneys can also seek an order from the judge requiring “specific performance” in a breach of contact lawsuit. If a court orders specific performance, the breaching party is required to fulfill its obligations under the terms of the contract. Specific performance may be granted in cases where monetary damages would not adequately compensate the non-breaching party. For example, if a contract is for the sale of unique goods that cannot be obtained from another seller, a court may issue an order requiring the breaching party to perform under the terms of the contract and deliver the unique goods.
Rescission: Rescission is an equitable remedy that voids the contract. When a judge grants rescission, both sides are generally excused from any further performance under the contact. In addition, any money that had been remitted under the contract is usually returned.
Let us share Our Results in Breach of Contract Lawsuits
The attorneys in Morgan & Morgan’s Business Trial Group have recovered millions of dollars on behalf of clients in Orlando and throughout Florida in breach of contract and business tort lawsuits. For example, our attorneys have:
We have ecovered significant judgments and settlements in lawsuits involving breaches of commercial leases
We have ecovered millions of dollars for clients in cases alleging breach of employment or professional services contracts
We have ecovered hundreds of thousands of dollars on behalf of individuals and small businesses seeking repayment of loans and other contractual obligations
We have successfully represented homeowners associations in Florida seeking damages under association contracts and businesses, including construction companies, for work performed
We have ecovered millions of dollars on behalf of prominent athletes, musicians and entertainers in breach of contract lawsuits
If you believe you may have a claim for a breach of contract and would like to learn more about your rights under Florida law, contact us today to discuss the damages and remedies that may be available to you.
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Orlando Copyright, Patent and Trademark Litigation Attorneys

Orlando Copyright, Patent and Trademark Litigation Attorneys

In the modern economy, a company’s most valuable assets are often its intellectual property. The attorneys in Morgan & Morgan’s Business Trial Group understand the value of intellectual property and are committed to safeguarding their clients’ rights. Our team handles all types of intellectual property disputes, including cases involving patent and trademark infringement, as well as lawsuits involving the misappropriation of trade secrets. Backed by the resources of a law firm with more than 250 attorneys and offices in seven states, Morgan & Morgan will take on the most complex lawsuits, including those against large, well-funded opponents.
To get in touch with the intellectual property attorneys in Morgan & Morgan’s Business Trial Group, call us 

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at 877-667-4265 or fill out our contact form today. We represent clients in Florida on a contingency-fee basis, which means that you will not pay any up-front legal fees and our fee will only come out of the recovery in your case.
Common Types of Intellectual Property Cases in Orlando
The Business Trial Group handles intellectual property cases on behalf of both businesses and individuals, including claims for:
Trademark infringement
Copyright infringement
Cyber-privacy and other forms of online intellectual property infringement
Patent infringement
Misappropriation of likeness
Unfair and deceptive business practices and unfair competition
Misappropriation of trade secrets
Orlando Patent Infringement Litigation
If you or your business has been the victim of patent infringement, our attorneys may be able to help you recover damages, such as the lost profits to your business, a reasonable royalty payment for the use of your intellectual property and – in cases of willful infringement – treble (triple) damages.
Under federal patent law, anyone who makes, uses or sells a product that infringes on a patent may be held liable for patent infringement. It is important to note that ignorance of the existence of a patent is not a viable defense to an infringement lawsuit.

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Copyright Infringement Lawsuits
The owner of a copyright has the exclusive right to reproduce, distribute, perform, display and license the protected work. If a person or corporation infringes on this right, our intellectual property litigators may be able to help you obtain legal remedies, such as an award for any profits made by the copyright infringer and damages for past infringement. Moreover, when a corporation has willfully and knowingly infringed on a copyright, a court may assess additional damages commensurate with the harm you have suffered. If appropriate for your business, our attorneys may also be able to negotiate a licensing agreement with the infringing company as a practical alternative to litigation.
Trademark Infringement Litigation
Our attorneys handle cases involving basic trademark infringement, as well as lawsuits for:
Misappropriation of corporate names and images in branding disputes
Trade dress infringement
Unfair competition
False advertising
Online trademark infringement, including cases involving domain names, cybersquatting and unfair use of trademarks in pay-per-click advertising
Violations of rights of celebrity
Trademarks are protected under both federal and state law. Under the Lanham Act, a federal law governing trademark infringement cases, our attorneys may seek equitable relief in addition to monetary damages. Equitable relief may include a court order directing the trademark infringer to pay for corrective advertising, as well as destruction of the infringing products or packaging.
If you would like to learn more about how Morgan & Morgan’s Orlando attorneys may be able to help with your intellectual property matter, get in touch with us today.
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Serving All of Florida, Georgia, Mississippi, Tennessee, Kentucky, New York, Pennsylvania & Alabama

Shareholder and Partnership Disputes

Shareholder and Partnership Disputes

The attorneys in Morgan & Morgan’s Business Trial Group have a proven track record of helping clients obtain significant recoveries in shareholder and partnership disputes. We frequently represent clients in shareholder derivative litigation, including minority owners that have been victimized by shareholder oppression.  The Business Trial Group is experienced at navigating the complex issues involved in disputes between business owners, partners, and shareholders. 
If you believe you have a claim arising from a shareholder or partnership dispute, the Business Trial Group may be able to help. We represent clients on a contingency-fee basis, which means you do not pay any legal fees unless there is a recovery in your case. For afree case review, please call us toll-free at (877) 667-4265, email us atBTG@ForThePeople.com, or fill out 

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our case review form today.
What Is Shareholder Oppression?
Shareholder (or minority) oppression occurs when majority owners use their control to deny minority owners the right to participate in, or enjoy financial returns from, a company (usually a small, closely-held company). Examples of oppressive conduct include:
Refusing to declare dividends or distributions when the company is profitable;
Diverting earnings to the majority owners through excessive compensation;
Removing the minority owners from the board or other management position;
Entering into favorable contracts with affiliates of the majority owner;
Using company funds to pay personal expenses;
Diluting the minority’s ownership interest;
Withholding or concealing the company’s books and records; and
Misappropriating corporate assets for personal use.
These are “squeeze-out” techniques designed to improperly reduce or eliminate a minority owner’s interest in a company.
What Are My Legal Remedies?
Shareholder Oppression Lawsuits
For minority owners, a saving grace from oppressive conduct frequently comes from the fiduciary duties owed by the majority owners. As a general rule, majority owners owe a fiduciary duty to run the affairs of the company in the best interest of the company, and not in a manner that favors their own interest over the interests of minority owners. Although minority owners cannot force the majority owner to act fairly, they do have a remedy for the majority owners’ oppressive, “squeeze-out” attempts – a lawsuit for breach of fiduciary duty. The minority owner can seek money damages, dissolution of the company, and, in certain circumstances, a court-ordered buy-out of the minority owner for the fair market value of his or her shares.
Shareholder Inspection
In Florida, shareholders have the right to inspect the books of companies they hold an interest in. Before or in conjunction with filing a lawsuit, a shareholder may demand to inspect the following documents:
Minutes of meetings of the board of directors, committees, and shareholders;
Accounting records, including salary and bonus payments made to personnel and all records of vendors paid by the corporation;

The bylaws of the corporation;
The names and business address of the corporation’s current officers and directors;

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The record of shareholders;
Records of actions taken without a meeting;
Disclosure of lawsuits filed against the corporation; and
Any other books and records of the corporation.
To exercise these inspection rights, a shareholder must make a demand on the corporation in good faith and for a proper purpose. A proper purpose for inspection is defined as one that is lawful in character, not contrary to the interest of the corporation, and is intended to protect the shareholder’s interests. Additionally, a director of a corporation is entitled to inspect and copy the corporation’s books, records and documents for any purpose reasonably related to his duties as a director. A corporation that fails to comply with a proper demand is subject to court-ordered inspection and may be required to pay the shareholder’s costs and attorneys’ fees associated with enforcing his or her inspection rights.
If you believe you may have a shareholder oppression or derivative claim, contact the Business Trial Group today for a no-obligation case review.
Partnership Litigation
When partnership disputes occur, you need an attorney to help protect your interests and ensure a fair resolution. The Business Trial Group is experienced at litigating a wide range of disputes, including real estate partnerships, medical partnerships, accountant partnerships, law firm partnerships, and many others. Our familiarity with complex and detailed partnership disputes, and our relationships with respected accountants and valuation experts, allow us to effectively represent our clients.
The formation, operation, and dissolution of Florida general, limited liability, and limited partnerships are governed by the Florida Revised Partnership Act and the Florida Revised Uniform Limited Partnership Act. Most partnerships are based on a signed agreement that sets out the terms and conditions of the partnership. A partnership, however, does not require a written agreement and can be established through an oral agreement. If there is a written agreement, the document will determine the partners’ rights, responsibilities, and the terms for withdrawal or dissolution. To the extent the partnership agreement does not provide certain terms and conditions, Florida’s partnership statues will govern. Under Florida law, a partnership agreement may not restrict a partner’s access to books and records, eliminate the fiduciary duties of loyalty or care, or eliminate the obligation of good faith and fair dealing.
The Business Trial Group has successfully represented clients who were victimized by, among other things, dishonest partners in control of partnership assets and partners who were wrongfully ousted by controlling management. Some common partnership disputes include:
Breaches of fiduciary duty;
Misappropriation of assets and corporate theft;
Violations of partnership agreements, operating agreements, or bylaws;
Ownership and management conflicts;
Negligent management;
Breach of non-compete, non-solicitation, and trade secret agreements;
Dissolution and asset division.
Inappropriate executive compensation;
Management self-dealing;
Embezzlement; and
If you are involved in a partnership dispute, contact the Business Trial Group today for a no-obligation consultation to learn how we can help protect your rights and investment.
Why Choose Morgan & Morgan?
Contingency-Fee Shareholder and Partnership Litigation
Our experienced shareholder and partnership litigation attorneys represent clients on a contingency-fee basis. This means you will not have to pay any legal fees as your lawsuit progresses. Your attorneys’ fees will be paid solely from the amount recovered in your case.
The contingency-fee system provides a unique advantage to clients involved in shareholder and partnership litigation. Many of our clients face situations where a partner or majority shareholder is mismanaging a company or withholding the client’s distributions. Often times in this situation, the majority owner is in a stronger financial position due to their control of the company. When clients are forced to pay hourly attorneys’ fees, the majority stakeholder can use their financial strength and the prospect of drawn-out, expensive litigation as leverage to extract an unreasonably low settlement. By providing our clients with a contingency-fee arrangement, the Business Trial Group turns the tables on defendants, which allows us to effectively and efficiently maximize the recovery for our clients.
To learn about how the Business Trial Group may be able to help with your contract dispute, please call us at (877) 667-4625, e-mail us atBTG@ForThePeople.com, or complete our Case Review Form today.
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Genetic Tree Research Sheds New Light on Disease Outbreaks

Scientists have a new tool for unraveling the mysteries of how diseases such as HIV move through a population, thanks to insights into phylogenetics, the creation of an organism's genetic tree and evolutionary relationships.

"It turns out that three different types of transmission histories are possible between two persons who might have infected each other," said Thomas Leitner of Los Alamos National Laboratory, the corresponding author of a new paper out this week in the Proceedings of the National Academy of Sciences. "Using phylogenetic inference in the epidemiological investigations of HIV transmission, we've determined that between two sampled, potentially epidemiologically linked persons, we can now evaluate the possibility that an unsampled intermediary or common source existed, even without a sample from that individual."

Like a detective inferring the existence of an unseen actor in a sequence of events, the Los Alamos team used computational phylogenetic analysis to examine how strains of HIV, both in computer modeling and compared with real-life case studies, would be transmitted.

The team's research has broad implications. "The inference of donor-recipient relationships we describe here is not restricted to HIV transmissions; it applies to all situations when an original population seeds a new population with a restricted random draw (a bottleneck) of individuals. We use HIV transmission to illustrate the effects because it helps trace contacts among people and untangle investigations into outbreaks. Also, statistical guidelines are needed for interpreting phylogenetic results in court."

Phylogenetic inference of who infected whom has great value in epidemiological investigations, the authors point out, because it should explain how transmission(s) occurred. Until now, however, there has not been a systematic evaluation of which phylogeny to expect from different transmission histories, and thus interpreting the meaning of an observed phylogeny has remained elusive.

"Previously it was thought that it would be impossible to say who infected whom and whether there were unsampled intermediary links in an alleged transmission, or if both persons were infected by an unsampled/unknown third party. We show that this is now possible in many cases," Leitner said. "This will have large impact on future epidemiological investigations, including forensics and outbreak investigations."

In the paper, the team showed that certain types of phylogenies associate with different transmission histories, which may make it possible to exclude possible intermediary links or identify cases where a common source was likely but not sampled. "Our systematic classification and evaluation of expected topologies should make future interpretation of phylogenetic results in epidemiological investigations more objective and informative," Leitner said.

The paper is titled "Phylogenetically resolving epidemiologic linkage," by Ethan O. Romero-Severson, Ingo Bulla, and Thomas Leitner. The work was supported by National Institute of Allergy and Infectious Diseases/National Institutes of Health.

Transparency is Key to Open Innovation

In order to compete and win in today’s global marketplace, innovation-driven companies have to find ways to create and develop products and services faster than ever before. Going outside their own four walls to source ideas and solutions in order to expedite the time-to-market cycle — commonly known as open innovation (OI) — has become a widely accepted and applied strategy for companies ranging from global chemical producers and automotive giants, to bioengineering and pharmaceutical companies, sports equipment, consumer and packaged goods makers – even state governments and the National Football League.

In the past, many organizations used open innovation as a “fix” when their R&D bench hit a roadblock or ran out of time.  Or there may have been a lone ranger in the department that went outside to source solutions - but only for his or her particular product line.  These situations required a modicum of transparency.  The seeking organization had to share enough detail about the desired solution to generate high-quality submissions from outside engineers, technologists, inventors, and research laboratories.

Increasingly, though, significant players in their industries such as General Electric, Mondelēz International, Johnson Controls and Siemens have incorporated OI as a core process – not just for discrete situations.  Instead of cracking the doors to R&D just enough to allow the rest of the world to peek in, they’ve flung them wide open.  As a result, innovation flows through their organizations and powers them forward on a daily basis.  How did they get comfortable with being so transparent?  What did they realize that many of their competitors do not?

They realized this: a significant portion of their R&D strategies weren’t such a big secret.  It’s common knowledge within their industries what everyone is looking for and what the current solution needs are.  Candy companies are trying to develop packaging that can prevent chocolate from melting during shipment in the hot months.  Automotive suppliers need smart textiles, and pharmaceutical companies need energy efficient alternatives to distillation to produce pure, sterile water. Instead of carefully guarding their R&D initiatives through the development cycle, managers are openly sharing them. They know they can be transparent with the global innovation community about much of what they are trying to achieve without compromising their competitive position.

Moreover, the increased transparency makes companies more competitive.  It allows R&D departments to build ongoing relationships with external providers that come to know their strategies and even anticipate their needs.  Instead of waiting for a specific request, these external providers can take the initiative to push ideas and present solutions; sparking further innovation with approaches that the company’s R&D departments have not previously considered. These ideas can seed the way for the disruptive innovations that keep companies ahead of their industries. PARC, a Xerox company, is a great example of this practice in action. The company positions itself as in “the business of breakthroughs” and demonstrates this commitment through publicly visible open innovation collaborations that are sparked through a variety of connections, for instance online OI communities like NineSights.

Institutionalizing transparency compels R&D managers to be open by default, not exception.  As a core practice, it requires them to evaluate their portfolio of initiatives using open innovation as a filter to help determine which products to focus internal resources on, and which to advance in partnership with external solution providers.  A company can have many great ideas and plans across its divisions, but these ideas can lose visibility in the absence of a methodology for understanding and prioritizing their viability and development cycles. By the time they are surfaced as priorities again, another organization may have a similar product ready to go to market.

At this level, there is truly no such thing as just a little transparency.  To successfully transform the innovation process, an open paradigm must be embraced and supported company-wide as standard operating procedure.  Not only will this energize innovation across all divisions, it will deliver additional benefits including economies of scale, greater cross-divisional collaboration and solution sharing, and a unified R&D approach that demonstrates to the world that the company is truly innovation-driven.

Of course, changing something so fundamental to a company’s culture is not an easy goal to achieve.  Normalizing transparency as part of procurement and R&D means managers have to become comfortable with sharing information early in the product development process.  For many companies, online open innovation platforms have proven to be an effective way to wean procurement and R&D managers off their traditional process.  These platforms feature managed innovation galleries that are sponsored by the seeking companies, who post their solution needs the way HR managers post job positions on a recruitment site. As a result, sponsors immediately reach a new worldwide network of experts across scientific and technical disciplines.

Practically speaking, innovation galleries present a relatively easy way for companies to shift to a more open process.  Providing R&D managers with a managed online gallery as a tool for sourcing innovation allows them to wade in and get comfortable with the transparency. It will also become clear as connections with solution providers are made and relationships established, that the gallery enables the company as a whole to grow its own worldwide network of potential collaboration partners across scientific and technical disciplines.

Michael J. Thomas, former manager of technology scouting within the Automotive Experience division of Johnson Controls, crystallized the benefit of shifting solution sourcing to an online innovation gallery: “By using OI, we have realized a larger portfolio of high-quality technological innovation opportunities.  For Johnson Controls, OI is not just about finding partners to help us bring our ideas to reality. It’s increasingly about partners finding us, bringing their ideas and new technologies to us.” The Johnson Controls innovation gallery on NineSights.com features several technology searches for solutions including one for smart fibers for automotive seats and another for alternatives to chrome and zinc coatings. These are diverse technology needs and should surface submissions from a range of potential providers that will help grow Johnson Controls’ open innovation community.

As transparency becomes a more accepted and adopted R&D practice, it has the power to significantly impact a company’s success in leveraging innovation. While this initial adoption of transparency contributes to innovation as a core strategic focus, it can also transform the very culture of the organization into one that is more open, collaborative and innovation-driven.

11,000-Year-Old Engraved Pendant is Britain’s Earliest Known Mesolithic Art

When Prof. Nicky Milner, of the Univ. of York’s Dept. of Archaeology, was 15-years-old, she went on an Anglo Saxon excavation. The trip was only supposed to last three days, but the budding archaeologist ended up staying for six weeks.

“The fact that you can touch things that have been in the ground for thousands of years thrilled me,” she told R&D Magazine of her early interest in archaeology.

But five miles away from where Milner grew up sat a treasure trove of archaeological goodies. Located in North Yorkshire, the Star Carr site was famously excavated by Grahame Clark between 1949 and 1951, and changed archeologists’ understanding of people from the Mesolithic Period. The earliest known house in Britain, the oldest evidence of carpentry in Europe, and headdresses made from red deer skulls and antlers (possibly worn by shamans who communed with the animal spirit world), all were found at the site.

“People here were not passing by—they were building structures and making their homes around the edge of the lake,” said Milner, noting that these ancient people weren’t the typical nomadic hunter-gatherers.

Eventually, Milner started volunteering with the Vale of Pickering Research Trust, which led to her directing excavations at the Star Carr site. “I couldn’t believe that such an amazing site lay on my doorstep,” she said. “I never imagined I would be so lucky to get to excavate it.”

What’s more, Milner was part of a team that last year uncovered an 11,000-year-old pendant from the site. And the discovery is being called the “earliest known Mesolithic art in Britain.” Their research was published in Internet Archaeology, and the pendant will be on display for the public from Feb. 27 until May 5 at the Yorkshire Museum.

The 31 mm by 35 mm perforated pendant was discovered submerged in a swampy environment. At first, the engravings were invisible, but further examination revealed the linear lines.

In Mesolithic Europe, pendants were commonly made from materials like amber, bone, and antler. But the Star Carr pendant is shale, and to Milner and colleagues’ knowledge, it’s the first instance of an engraved pendant being made of shale.

“It is very hard to say why it was made from shale but it may have been the shape of this particular piece,” Milner said. “It is a very pleasing shape—more or less a triangle—and we think it was probably naturally that shape rather than having been made into that shape.”

According to study co-author Chantal Conneller, of The Univ. of Manchester, the pendant’s designs are similar to those found in southern Scandinavia and near the border of the North Sea, which indicates a close cultural connection between the areas.

The researchers postulated that the markings may represent a tree, a map, a leaf, or tally marks.

“Personally, I like the tally mark idea,” said Milner. “When I first saw it—and the lines were not so clear—I thought it looked like a tree. But using our imaging techniques we are able to see the lines more clearly and can see lots of very small lines at right angles to some of the longer lines.”

“I wonder whether they were using them for counting something,” she added. “But because the pendant was also found close to finds of headdresses I also wonder whether there may be a connection to shamanism.”

Iceland to Stop Hunting Whales

Good news for wildlife activists across the globe—one of the world’s last whaling companies has decided to pull the plug on its annual whale hunt this summer, because of its difficulty to market the meat.

Iceland’s Hvalur company, which has killed 155 fin whales in the waters of far North in 2015, has told Icelandic press Morgunbladid on Wednesday that Japan, its main market for fin whale, has insisted that the meat pass a full chemical analysis before going on market.

According to Hvalur’s CEO Kristjan Loftsson, Japan’s methods of testing whale meat are outdated and make it too difficult to market his products. Norway faced similar issues last year, when Japan found that the country’s whale meat violated health standards, according to Vice News.

"This could not have been an easy decision for Mr. Loftsson but it is the right one for Iceland’s interests as well as his own," Patrick Ramage, whale programme director at International Fund for Animal Welfare told R&D Magazine. "We commend Mr. Loftsson on his decision which is a very positive development for Iceland, for whales, and for the millions of people around the world who care deeply about both.”

For more than a decade, IFAW has been working in the Nordic country, alongside Icelandic leaders promoting responsible whale watching and creative development of the ecotourism industry, according to Ramage.

Iceland has killed a total of 706 fin whales since the country resumed commercial whaling in 2006. Its people traditionally don’t eat the meat, which makes it the world’s second largest whale a species hunted with the intention to sell the meat to Japan.

The news on curtailing the fin whale hunt this year could not have made conservationists happier, who have long fought the world’s few remaining commercial whales. Anti-commercial whaling campaigners say the practice is inhumane and hinders conservation efforts. Hunting fin whales per se is particularly controversial since they’re the second-largest mammals on the planet, behind the blue whale.

Fin whales are slimmer and not as heavy as blue whales. Adult mammals are usually 75-85 feet in length. As all other large whales, the fin whale has been heavily hunted in the 20th century and is an endangered species. More than 725,000 fin whales were reportedly taken from the Southern Hemisphere between 1905-1976, and as of 1997 survived by only 38,000. The International Whaling Commission issued a moratorium on commercial hunting of this whale, although Iceland and Japan have resumed hunting. The species is also hunted by Greenlanders under the IWC's Aboriginal Subsistence Whaling provisions. Global population estimates range from less than 100,000 to roughly 119,000, according to datab.us.

 “This is incredible news and a significant blow to the future of the outdated and unnecessary slaughter of whales for profit,” Greenpeace Senior Campaigner Phil Kline said in a prepared statement. “Fin whales are supposed to be under international protection, and both Iceland and Japan have surpluses of whale meat.”

Experimental Ebola Antibody Protects Monkeys

Scientists at the National Institute of Allergy and Infectious Diseases (NIAID), part of the National Institutes of Health, and colleagues have discovered that a single monoclonal antibody—a protein that attacks viruses—isolated from a human Ebola virus disease survivor protected non-human primates when given as late as five days after lethal Ebola infection.

The antibody can now advance to testing in humans as a potential treatment for Ebola virus disease. There are currently no licensed treatments for Ebola infection, which caused more than 11,000 deaths in the 2014-2015 outbreak in West Africa. The findings are described in two articles to be published online by Science on February 25.

NIAID researchers obtained and tested blood samples from a survivor of the 1995 Ebola outbreak in Kikwit, Democratic Republic of the Congo, and discovered the survivor retained antibodies against Ebola. Investigators from the Institute for Research in Biomedicine in Switzerland then isolated specific antibodies for potential use as a therapeutic for Ebola infection. Investigators from the United States Army Medical Research Institute of Infectious Diseases administered a lethal dose of Zaire ebolavirus to four rhesus macaques, waited five days, and then treated three of the macaques with daily intravenous injections of the monoclonal antibody, known as mAb114, for three consecutive days. The untreated control macaque showed indicators of Ebola virus disease and died on day nine, but the treatment group survived and remained free of Ebola symptoms.

NIAID and Dartmouth College researchers then studied how mAb114 neutralizes the Ebola virus and determined that it binds to the core of the Ebola glycoprotein, blocking its interaction with a receptor on human cells. This area of the Ebola glycoprotein, called the receptor binding domain, was previously thought to be unreachable by antibodies because it is well-hidden by other parts of the virus, and only becomes exposed after the virus enters the inside of cells.

This is the first antibody to demonstrate the ability to neutralize the virus by this interaction between the virus and its cellular receptor. Together the evidence identifies a novel site of vulnerability on the Ebola virus and suggests mAb114 could be an effective therapy and warrants further exploration, according to the authors.

Bacteria Take 'RNA Mug Shots' of Threatening Viruses

Scientists from The University of Texas at Austin, the Stanford University School of Medicine and

The research appears online Feb. 25 in the journal Science.

Both RNA and DNA are critical for life. In humans and many other organisms, DNA molecules act as the body's blueprints, while RNA molecules act as the construction crew—reading the blueprints, building the body and maintaining the functions of life.

The research team found for the first time that bacteria can snatch bits of RNA from invaders such as viruses and incorporate the RNA into their own genomes, using this information as something akin to mug shots. They then help the bacteria recognize and disrupt dangerous viruses in the future.

"This mechanism serves a defensive purpose in bacteria," says Alan Lambowitz, director of the Institute for cellular and molecular biology at UT Austin and co-senior author of the paper. "You could imagine transplanting it into other organisms and using it as a kind of virus detector."

The newly discovered mechanism stores both DNA and RNA mug shots from viruses in a bacterium's genome. That makes sense from an evolutionary standpoint, the researchers say, given that some viruses are DNA-based and some are RNA-based.

Lambowitz says that as a next step, researchers can examine how to genetically engineer a crop such as tomatoes so that each of their cells would carry this virus detector. Then the researchers could do controlled laboratory experiments in which they alter environmental conditions to see what effects the changes have on the transmission of pathogens.

"Combining these plants with the environment that they face, be it natural or involving the application of herbicides, insecticides or fungicides, could lead to the discovery of how pathogens are getting to these plants and what potential vectors could be," says Georg Mohr, a research associate at UT Austin and co-first author of the paper.

Another application might be in the dairy industry, where viruses routinely infect the bacteria that produce cheese and yogurt, causing the production process to slow down or even preventing it from going to completion. Currently, preventing infections is complicated and costly. Lambowitz and Mohr say dairy bacteria could be engineered to record their virus interactions and defend against subsequent infections.

This RNA-based defense mechanism is closely related to a previously discovered mechanism, called CRISPR/Cas, in which bacteria snatch bits of DNA and store them as mug shots. That method has inspired a new way of editing the genomes of virtually any living organism, launching a revolution in biological research and sparking a patent war, but the researchers say they do not anticipate this new discovery will play a role in that sort of gene-editing. However, the enzymatic mechanism used to incorporate RNA segments into the genome is novel and has potential biotechnological applications.

Researchers discovered this novel defense mechanism in a type of bacteria commonly found in the ocean called Marinomonas mediterranea. It's part of a class of microbes called Gammaproteobacteria, which include many human pathogens such as those that cause cholera, plague, lung infections and food poisoning.

two other institutions have discovered that bacteria have a system that can recognize and disrupt dangerous viruses using a newly identified mechanism involving ribonucleic acid (RNA). It is similar to the CRISPR/Cas system that captures foreign DNA. The discovery might lead to better ways to thwart viruses that kill agricultural crops and interfere with the production of dairy products such as cheese and yogurt.

The Key to Mass-producing Nanomaterials

NNanoparticles form in a 3-D-printed microfluidic channel. Each droplet shown here is about 250 micrometers in diameter, and contains billions of platinum nanoparticles. CPhoto: Richard Brutchey and Noah Malmstadt, USC
Nanoparticles form in a 3-D-printed microfluidic channel. Each droplet shown here is about 250 micrometers in diameter, and contains billions of platinum nanoparticles. CPhoto: Richard Brutchey and Noah Malmstadt, USC
anoparticles can be found in everything from drug delivery formulations to pollution controls on cars to HD TV sets. With special properties derived from their tiny size and subsequently increased surface area, they're critical to industry and scientific research.

They're also expensive and tricky to make.

Now, researchers at USC have created a new way to manufacture nanoparticles that will transform the process from a painstaking, batch-by-batch drudgery into a large-scale, automated assembly line.

The method, developed by a team led by Noah Malmstadt of the USC Viterbi School of Engineering and Richard Brutchey of the USC Dornsife College of Letters, Arts and Sciences, was published in Nature Communications on Feb. 23.

Consider, for example, gold nanoparticles. They have been shown to be able to easily penetrate cell membranes without causing any damage - an unusual feat, given that most penetrations of cell membranes by foreign objects can damage or kill the cell. Their ability to slip through the cell's membrane makes gold nanoparticles ideal delivery devices for medications to healthy cells, or fatal doses of radiation to cancer cells.

However, a single milligram of gold nanoparticles currently costs about $80 (depending on the size of the nanoparticles). That places the price of gold nanoparticles at $80,000 per gram - while a gram of pure, raw gold goes for about $50.

"It's not the gold that's making it expensive," said Malmstadt. "We can make them, but it's not like we can cheaply make a 50 gallon drum full of them."

Right now, the process of manufacturing a nanoparticle typically involves a technician in a chemistry lab mixing up a batch of chemicals by hand in traditional lab flasks and beakers.

Brutchey and Malmstadt's new technique instead relies on microfluidics - technology that manipulates tiny droplets of fluid in narrow channels.

"In order to go large scale, we have to go small," said Brutchey. Really small.

The team 3-D printed tubes about 250 micrometers in diameter - which they believe to be the smallest, fully enclosed 3-D printed tubes anywhere. For reference, your average-sized speck of dust is 50 micrometers wide.

They then built a parallel network of four of these tubes, side-by-side, and ran a combination of two non-mixing fluids (like oil and water) through them. As the two fluids fought to get out through the openings, they squeezed off tiny droplets. Each of these droplets acted as a micro-scale chemical reactor in which materials were mixed and nanoparticles were generated. Each microfluidic tube can create millions of identical droplets that perform the same reaction.

This sort of system has been envisioned in the past, but its hasn't been able to be scaled up because the parallel structure meant that if one tube got jammed, it would cause a ripple effect of changing pressures along its neighbors, knocking out the entire system. Think of it like losing a single Christmas light in one of the old-style strands - lose one, and you lose them all.

Brutchey and Malmstadt bypassed this problem by altering the geometry of the tubes themselves, shaping the junction between the tubes such that the particles come out a uniform size and the system is immune to pressure changes.