Recent Blog Posts
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 »
Trucker Inexperience Can Be Dangerous
A fully loaded tractor trailer can weigh as much as 80,000 pounds. It is also typically around 72 feet long. To safely operate such a massive vehicle, a trucker needs skill and experience. Trucker inexperience has the potential to be extremely dangerous. It can contribute to bad accidents. Within this article, our Miami tractor… Read More »
What Evidence Can You Use to Prove Liability in a Semi-Truck Accident Case?
Hurt in a semi-truck crash in Palm Beach County? You are not alone. Florida Highway Safety and Motor Vehicles (FLHSMV) reports that there were more than 35,000 confirmed heavy duty truck accidents statewide in 2022. A trucker or trucking company may be held legally liable for a serious crash. You may be wondering: What… Read More »
What is the Statute of Limitations for a Civil Sexual Assault Claim in Florida?
According to data from RAINN, approximately 1 in 6 U.S. women has been the victim of sexual violence. Sexual assault is a crime. The perpetrator must be held accountable. It can also lead to a civil legal claim through which the victim can seek financial support. This raises an important question: What is the… Read More »
Copyright Fair Use: Know the Basics
Have you ever heard of or seen someone else use what you know is copyrighted material, and yet, you’re pretty certain they didn’t pay for or get permission to use that material? One way that they may be doing that is through what is known as the fair use doctrine. But be careful—there is… Read More »
Attorney, Advocate and Counselor: How Each Role Helps Your Business
When you think of needing or hiring an attorney, you know your attorney is on your side, but you probably think of your business lawyer more as an expense, than as a business partner, with the goal to save you money, or keep your business running smoothly. But although you may think of your… Read More »
How to Get Certified as a Class for a Class Action Lawsuit
Class action lawsuits can be a savior or a plague, depending on what side of the fence you are on. For consumers and many individuals, class actions are a way of getting compensation for losses that otherwise may not be worth the time and effort of pursuing individually. For businesses on the wrong end… Read More »
The First Four Steps to Take When Facing a Breach of Contract Lawsuit in Florida
Are you or your company facing allegations of a breach of contract in Florida? If the counterparty is already preparing to file a lawsuit—or you have already been served with a complaint—it is imperative that you take immediate action to protect your rights, your interests, and your business. Here, our West Palm Beach commercial… Read More »
Crocs Case Could Have Big Implications for Future of False Advertising Claims
As reported by Bloomberg Law News, the false advertising case against Crocs—the Colorado based footwear company—is proceeding in federal court. It is a high-profile legal matter that could potentially have significant ramifications for the future of false advertising law. A federal court must determine the line between false advertising and mere puffery. Here, our… Read More »
Suspect Your Business Partner in Embezzlement Funds? Here is What You Need to Do Next
You have to put a tremendous amount of trust in the hands of your business partner. Embezzlement is a serious breach of that trust. It is a legally actionable—sometimes even criminal—offense. You may have a civil claim. Here, our Miami partnership litigation attorney explains what you should do if you suspect that your business… Read More »
Can You Keep Former Employees From Using or Contracting Your Referral Sources?
You may have heard that as of now, noncompete agreements have been rendered unenforceable by the federal government, at least until challenges to the bar are resolved by courts nationwide. But aside from protecting yourself by restricting where former employees can work, you may also want to protect an equally valuable interest: your referral… Read More »
Could You Be Personally Liable for an FLSA Violation?
If you have a business with employees, you likely already know how important it is to comply with the Fair Labor Standards Act (FLSA). The FLSA requires, among other things, that employees be paid at least minimum wage for time worked, and time and a half for any overtime worked (that is, time that… Read More »
How Much Do You Know About Workplace Retaliation?
Many employers are well aware of what they can and cannot say or do when it comes to discrimination or harassment in the workplace. But there is one form of illegal harassment that many employers overlook, or which they are not aware of: Retaliation. Why Retaliation Can Get You in Trouble Retaliation is dangerous… Read More »
Multi-Member LLCs in Florida: The Importance of an Operating Agreement
A limited liability company (LLC) is a business structure that blends some of the advantages of both partnerships and traditional corporations. A multi-member LLC is simply a business with two or more owners. In Florida, an LLC can technically have an unlimited number of owners. While not mandatory under the law, it is crucial… Read More »
Can Businesses Recover Consequential Damages in a Breach of Contract Claim in Florida?
Through a breach of contract claim, a non-breaching party can seek compensation for damages. In Florida, consequential damages may be recovered in a breach of contract claim. However, a business can only seek consequential damages as a remedy if it can prove that those losses were foreseeable. Within this article, our Miami commercial litigation… Read More »
