Recent Blog Posts
These are Often Overlooked, in Franchise Agreements
So you’re buying a franchise, and the franchisor has put in front of you a lengthy franchise agreement. You’re a pretty savvy businessperson, so you generally know what to look for, and how to read the franchise agreement. But there are some things in every franchise agreement that even the most experienced business people… Read More »
Asset Sale or Stock Purchase? It Makes a Difference
So you’re selling your business, or you’re buying one. But what is actually being bought or sold? Before you just say “the business,” you should be aware that there are two main ways that businesses are bought or sold, and they can have significant legal ramifications and differences. You can buy or sell a… Read More »
Three Signs a Voluntary Partnership Dissolution in the Best Solution for a Dispute
Partnership disputes are among the most sensitive, challenging types of business conflicts. In some cases, the most advisable path forward for business partners locked in a dispute is to voluntarily wind down their businesses. Here, our West Palm Beach partnership attorney highlights three signs that suggest a voluntary dissolution may be the best option… Read More »
Contract Litigation: ACC Seeks Hold on FSU’s Lawsuit
On February 16th, 2024, ESPN reported that the Atlantic Coast Conference (ACC) is asking the court to put a “hold” on the contract lawsuit filed by Florida State University (FSU). The ACC wants the legal matter in Florida paused until a similar issue is resolved in North Carolina. Here, our Miami contract litigation attorney… Read More »
Florida State Regulators Launch Initiative to Stop Consumer Fraud
On February 5th, 2024, the Florida Record reported that state regulators have launched an initiative designed to stop consumer fraud. Chief Financial Officer (CFO) Jimmy Patronis is aiming for a “Fraud Free Florida. ”Within this article, our Miami FDUTPA lawyer highlights the key points consumers should know about the initiative and explain your options… Read More »
It’s That Time of the Year: Reviewing Your Rental Agreements to Ensure a Smooth Spring Break
By: Jesse Fulton, Attorney As spring break approaches, many rental owners are busy preparing for the annual influx of snowbirds and spring breakers for the season. Aside from readying the actual property to be occupied, it is critical for landlords to meticulously review their rental agreements to ensure they are compliant and appropriately mitigate… Read More »
Considerations for Negotiating a Breach of Contract Settlement in Florida
A breach of contract case will not always end up in court. Quite the contrary, parties often have options available to settle a breach of contract case. Whether you are the alleged breacher or the non-breaching party, there are many potential benefits that can come with a settlement. Here, our Miami breach of contract… Read More »
Why Mediation is a Great Tool to Resolve Business Partnership Disputes
Are you locked in a dispute with a business partner? It can be stressful to try to find a solution. In many cases, mediation is the best course of action. The Florida Bar explains that mediation is a non-binding process where parties work together to resolve their dispute. Within this article, our Miami partnership… Read More »
Due Diligence for Your Business Investment
Andrew J. Boloy, Attorney Whether purchasing or investing in a business, thorough due diligence is one of the most significant aspects of protecting yourself during the process. While many business owners have the wisdom and knowledge to come up with a general value of the business through a proper accounting audit, are you sure… Read More »
Can You Compel Arbitration of an FDUTPA Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers and businesses to seek compensation for losses caused by certain improper commercial activities. The law contains a private right of action—meaning consumers/businesses have the right to sue under the FDUTPA. This raises an important question: Can arbitration be… Read More »
“I’m Sorry” as a Legal Strategy – Does it Work?
In our personal relationships, we often are told of the value of saying “I’m sorry” when we do something wrong. But when it comes to our business transactions, we rarely do that, when in reality, it can often be an important and powerful negotiation technique. The Emotional Aspect of I’m Sorry When we are… Read More »
Common Intellectual Property Mistakes That Businesses Make
If you are a business, and your business isn’t related to intellectual property – copyrights, trademarks or patents—then IP issues, and particularly avoiding legal problems related to IP, may not be the first thing on your mind. But that’s how it happens; businesses that aren’t giving much thought or concern to IP issues, often… Read More »
The EEOC’s Role in Discrimination Lawsuits
Although all of us try to do our best not to discriminate, the fact is that often, accusations are leveled against your business even in the best of circumstances. And while you may have concerns when there is a lawsuit filed against you, that concern can be made worse when the Equal Employment Opportunity… Read More »
Contract Law: What is Severability?
When a contract is breached, it is generally assumed to be “void.” In other words, the breach of a contract by one party often frees the counterparty to get out of the deal and pursue available remedies. However, the reality can be more complicated. In some cases, contracts are “severable.” Severability is a legal… Read More »
Proposed Class Action FDUTPA Lawsuit: Combos Lack Adequate “Real Cheese”
According to a report from WFTV, a Florida man has filed a (proposed) class action lawsuit against Mars Inc—the multi-billion dollar food conglomerate—on the grounds that its “Combos” snack product does not actually contain adequate “real cheese” as indicated by the packaging. The complaint alleges a violation of the Florida Deceptive and Unfair Trade… Read More »
Shareholder Conflict: Delaware Judge Voids Elon Musk’s Tesla Compensation Plan
On January 31st, 2024, the Associated Press (AP) reported that a Delaware judge voided the Tesla compensation plan for Tesla CEO Elon Musk on the grounds that it is “excessive” and there constitutes a breach of fiduciary duty by the company’s Board of Directors. For his part, Elon Musk has stated his intent to… Read More »
Conflicts Between Corporate and Estate Planning Documents
It is a common scenario: A smart businessperson thinks ahead, and in corporate documents, like bylaws, or a management or partnership agreement, the issue of the death of an owner is addressed. The document clearly says what will happen when the owner or majority shareholder or managing member, passes away. The documents are drafted… Read More »
Contractual Frustration of Purpose: What Is It?
Often, there is an overriding, essential purpose to entering into a business contract. If a developer and a construction company agree to build a retail shopping plaza, the creation of a revenue generating property is the purpose. If a business and an IT company enter into a contract, fixing or maintaining computer systems or… Read More »
The Time Limit to File a Breach of Contract Case is More Complex Than You May Think
Every lawsuit has a time limit, within which you must file your lawsuit, or it is forever barred. That is called a statute of limitations. When it comes to the statute of limitations with contracts, the statute of limitations seems clear, but there are factual scenarios that can make the time limit more confusing… Read More »
Need an Expert Witness? Be Prepared for a Fight
Business trials use experts on a regular basis. But just because you call someone an expert – or they call themselves an expert – doesn’t mean that they necessarily are. Ultimately, that’s for a court to decide, and that’s a decision that the other side may have room to argue about. Who is an… Read More »
