Recent Blog Posts
Florida HOA Laws: What Every Homeowner Needs to Know About Their Rights
By Timothy O’Neill, Partner Homeowners’ Associations (HOAs) were created to maintain community standards, protect property values, and manage shared amenities and services. By enforcing rules and providing a structure for collective decision-making, HOAs can create ideal living environments. However, this is not always the case. With some HOAs quickly enforcing regulations or handing out… Read More »
Serious Accidents May Be Caused By Things Coming Loose from a Truck’s Trailer
Driving around a large commercial truck can be unnerving—especially so if it appears that the tractor trailer’s cargo may not be fully secured. Any goods or debris coming loose from a truck’s trailer can cause a catastrophic crash. Within this blog post, our West Palm Beach tractor trailer crash attorney provides a guide to… Read More »
Appeals: What Are They and What Can You Expect?
If you go to trial, and you win or lose, you may assume that the case is over, and finally settled. But think again. Because after a trial, you could face the prospect of an appeal. What is an Appeal? An appeal is a process where one party to a lawsuit takes the case… Read More »
How Much Does it Cost to Hire a Truck Accident Lawyer in Miami?
Commercial trucks pose an inherent safety hazard to everyone else on the road. The National Safety Council (NSC) reports that nearly 160,000 people are hurt in truck accidents nationwide each year. You have the right to take legal action after a commercial trucking crash to seek compensation for your damages—including vehicle repairs, medical costs,… Read More »
Don’t Get In Trouble Paying Commission Based Employees
Many business owners are aware of their obligation under the Fair Labor Standards Act (FLSA) to pay workers overtime, for any hours they work that exceed 40 hours per week—and of course, of the obligation to pay at least minimum wage for hours worked less than 40 hours per week. But the reality is… Read More »
Sole Proprietorships: Is the Ease Worth It?
Let’s say that you are thinking of starting a small business. But you aren’t really considering a major business, with employees or even a physical office. This is more of a “side hustle,” perhaps with the hopes of it one day blossoming into more. This is often the situation that leads business owners to… Read More »
What is a Family Limited Partnership?
It seems to be common to go into business with family. The fact that it happens isn’t such a surprise. But what you may not have known is that there is actually a specific type of business entity, especially designed for those who want to own a business, and go into business with, family…. Read More »
Why Consequential Damages Matter – And Could be Costly
Imagine that your company contracts with an IT company, to service and maintain your software. But they don’t do the job, or don’t do what they were supposed to do under the contract. As a result, your computer systems go down, you have to hire another company to do the job and you lose… Read More »
Can You Seek Punitive Damages in a Civil Sexual Assault Claim in Florida?
Sexual assault is a terrible crime. The perpetrator should be held accountable. In Florida, they can be convicted of a felony and sentenced to significant prison time. A criminal case is an important part of the justice process. The victim may also have a civil legal claim—against the offender and, potentially, against other negligent… Read More »
Commercial Trucks and Blind Spots Accidents
A fully loaded tractor trailer in South Florida is typically 72 feet long and can weigh up to 80,000 pounds. These vehicles have significantly larger blind spots than passenger cars—and that makes them an inherent safety hazard. Given the inherent risk, it is imperative the motorists in Florida know how to navigate a truck’s… Read More »
Woman Killed in Rear-End Collision With Cement Truck on Highway in Miami-Dade County
On July 23rd, 2024, NBC 6 South Florida reported that a woman was killed in a rear-end collision with a cement truck on a highway in Miami-Dade County. The tragic collision happened in the early morning hours on the Florida Turnpike. Within this blog post, our Miami semi-truck accident attorney explains what we know… Read More »
Chevron Deference May be Gone: What Does That Mean?
With all the news about recent Supreme Court decisions, there is one that isn’t getting as much attention, but which may have a larger effect on you and your business: It’s a case called Loper Enterprises and the case struck down what is known as Chevron deference. A Primer on US Government To understand… Read More »
Partnership Agreement? Don’t Forget These Provisions
You’ve probably read it before: if you’re starting a partnership, make sure you have a partnership agreement. But just having an agreement isn’t enough. You want to make sure that what’s in that agreement thoroughly protects you and covers all the issues that it needs to cover. Here are some things that should be… Read More »
Jurisdiction and Choice of Law: What’s the Difference?
Many people when they draft contracts give little thought to what law will apply to the contract, should it have to be enforced or interpreted by a court. But choice of law provisions can be very helpful to your business, especially if you do business nationwide. What is a Choice of Law Provision? As… Read More »
Common Mistakes in Arbitration Clauses
Whether you want to have an arbitration clause on your business contracts or not is up to you, and there are a number of pros or cons to having them. But if you do think that they can help you limit liability, or obtain some other kind of advantage, you certainly want to make… Read More »
Who Can Sign Your Business Contracts? It Could be Anybody if You’re Not Careful
In a larger business, contracts are signed all the time. But with multiple employees, including corporate officers, who in the company can actually sign a contract for and on behalf of the company, binding the company? It isn’t unusual for an owner or CEO or some other higher level executive, to learn that a… Read More »
Using Copyrighted Music to Train AI: Is it Infringement?
Taking someone’s music and using it for yourself, is copyright infringement. Most people know that. But there’s a new frontier in the fight over what is and what is not infringement: Artificial Intelligence. Music as AI Training Clearly, it’s infringement if AI uses something that’s copyrighted. But a recent lawsuit asks the question of… Read More »
How to Address Dispute Resolution in an Operating Agreement for a Multi-Member LLC
A limited liability company (LLC) is a business entity that combines some of the advantages partnerships and traditional corporations. While not a requirement under Florida law, multi-member LLCs should always have a properly drafted operating agreement in place. Further, that agreement should include provisions for addressing dispute resolution. Within this article, our Palm Beach… Read More »
What Clause Do You Use to Address Deadlock Disputes in a 50/50 Partnership?
Are you entering a 50/50 partnership? No matter how much trust you have in your business partner, it is crucial that you have a well-drafted partnership agreement in place. Notably, with 50/50 partnerships, a provision that addresses deadlock disputes is a must. Here, our West Palm Beach partnership dispute lawyer highlights the key options… Read More »
Defendant Seeks Dismissal of Florida Company’s $30 Million Breach of Contract Lawsuit
According to a report from Juneau Empire, the defendant in a breach of contract lawsuit that was brought by a Florida company has filed a motion to dismiss. Goldbelt Inc—a Native American owned company in Alaska—argues that a supposed oral contract with the Martin County-based iRemedy Healthcare Inc. is unenforceable. Within this blog post,… Read More »
