Recent Blog Posts
New Business? Don’t Make These Mistakes
If you’re starting a new business, your mind is probably on the business itself, and how to make it financially successful. That makes sense. Your mind probably isn’t on things like “how can I stay out of legal trouble.” But many businesses do make crucial legal mistakes early on in their business—mistakes that can… Read More »
Is Your Wedding a Business Transaction? With Your Vendors, it May Be
When people get married, they often think of contracts that relate to the “what if we get divorced” question—that is, questions about prenuptials, and preserving property after a divorce. What they aren’t prepared for, and don’t give much thought to, are all the legal issues surrounding the wedding itself. Think about it-a wedding can… Read More »
Business Interruption Insurance: Some Basics
Many businesses have and purchase business interruption (BI) insurance, and that’s a smart thing. But the mistake that many business owners make is purchasing that insurance, and just assuming that it covers absolutely any reason, or cause, that could affect the downturn of business. Business interruption insurance is complex, and actually excludes a lot… Read More »
Providing Leave for Employee Victims of Domestic Violence
If you have a business and that business has more than 50 employees, you need to be aware of a little known law that protects the jobs of employees who are subject to domestic violence. So long as the employee has worked for your business for three months, you should be aware of your… Read More »
What is the Meeting of the Minds?
The phrase meeting of the minds, sounds like something from a fantasy show, or a science fiction movie. But it is actually the core, basic premises of contract law, and a foundational question in determining whether or not a valid, enforceable contract ever existed. Mutual Assent To have a meeting of the minds, thus… Read More »
Getting Investors While Protecting Trade Secrets
Getting good, quality investors can be the thing that gets your new business or business venture off the ground. You may not have the money, but you may have the business acumen and ideas to make money. So getting investors is one way to get that business out of your head, and into the… Read More »
ADA Lawsuit “Testers”: Can They Sue Businesses That Aren’t Compliant?
You may already know that your physical premises must be disability compliant, and accessible to the handicapped and disabled community. The Americans With Disabilities Act (ADA) does have a few exceptions, but as a general rule, if your business doesn’t meet stringent height, accessibility, or measurement requirements, your business or property can be seen… Read More »
Defamation in the Workplace: Is it Actionable?
In the real world, outside of work, you may be very conscious of things that you say and don’t say, for fear of saying something defamatory. But often, when it comes to employees, we tend to be more loose-lipped, saying things that can lead to defamatory claims. At Work is the Same as Outside… Read More »
Don’t Discriminate Against Employees who File for Bankruptcy
Filing for bankruptcy is not a “Scarlet Letter,” or a mark of some kind of shame for people who do file. Nonetheless, as an employer you may have, and have a right to have, your own opinion on what it means when employees file for bankruptcy. What you don’t have a right to do,… Read More »
Is a Nonprofit Organization Right for You?
Let’s say you are starting a new business, and you are considering what kind of business entity you will be. One type of entity you may not have considered, is the nonprofit or not for profit organization. While of course, these entities can only be used for certain kinds of businesses, if your business… Read More »
Partnership Accounting: How Does Discovery Work?
Accounting can be one of the most effective, efficient methods to resolve a business partnership dispute in Florida. The initial discovery process is limited with an accounting. This is one of the reasons why the process can be faster. Here, our Miami partnership dispute attorneys explain the key points to understand about discovery works… Read More »
CoFounders Sue Trump Media, Threatening Proposed Truth Social Merger
On March 1st, 2024, The New York Times reported that a partnership owned by Wes Moss and Andy Litinsky filed a lawsuit against Trump Media in the Delaware Chancery Court. They argue that Donald Trump—the Former President and owner of Trump Media—is improperly trying to dilute their shares in the company. Within this article,… Read More »
Report: Construction Fraud Case Highlights Disturbing Trend in Florida
According to a report from Action News Jax, a luxury home builder with an otherwise reputable track record is facing more than a dozen complaints from residential customers. Prosecutors contend that the Pineapple Corporation—and its owner, Spencer Calvert—improperly took in millions from customers. Within this article, our Miami FDUTPA lawyer discusses the report—and the… Read More »
Understanding the BFOQ Defense in Discrimination Cases
As a business, you probably are aware of the dangers of discriminating, whether as to race, health/disability, religion, gender, or nationality. But in some cases, in some industries, there may be some instances where you feel like you have to be a bit discriminatory—not in a mean way, but because your particular industry is… Read More »
Using Hold Harmless Agreements in Your Business Contracts
If you’re a business and you’re hoping to limit your legal exposure, or to at least have some control over any lawsuits brought against you, the use of exculpatory clauses or hold harmless agreements may accomplish that goal. But the last thing you want is false confidence—it’s important to make sure that the exculpatory… Read More »
The Basics of Judgment Collection: How Long and How to Do It?
When people are sued, you will often hear them say something like “let them sue me, they’ll never collect.” And while that may be true to some extent—some people really have nothing to collect—the question isn’t really what can be collected—it’s how long a judgment creditor has to collect on the judgment. How Long… Read More »
Breach of Contract Claims: Equitable Relief
When a contract is violated, the non-breaching party may have a legal claim. In Florida, the primary remedy in a breach of contract case is financial compensation. However, in some cases, an equitable remedy may also be available. The Legal Information Institute explains that equitable relief in a breach of contract claim refers to… Read More »
Tripadvisor Permitted to Re-Incorporate in Nevada—But Shareholder Litigation Can Still Move Forward
According to a report from MSN, a judge from the Delaware Court of Chancery has agreed to permit Tripadvisor to re-incorporate in Nevada. However, in doing so, the court noted that ongoing shareholder disputes against the business can still move forward. Here, our West Palm Beach shareholder rights lawyer discusses the ruling and its… Read More »
Priscillia Presley Faces Lawsuit from Former Business Partner
According to a report from Billboard, Priscillia Presley—the daughter of music legend Elvis—is being sued by a former business partner. Brigitte Kruse—who argues that she saved Mr. Pressley from serious financial problems—is bringing a claim on the grounds of breach of contract. Here, our Miami partnership dispute attorneys provide a more detailed overview of… Read More »
Understanding the Federal False Claims Act
You probably have heard of whistleblower lawsuits. But what exactly is “blowing the whistle,” and what does federal law say about the ability of people to report illegal theft or fraud being perpetrated against the US government? The False Claims Act The law is called the Federal False Claims Act, and while reporting any… Read More »
