Recent Blog Posts
The Government Can Come After You Even if Consumers Don’t
You may already be aware of the penalties that can come if you mislead or lie to consumers. But you figure, nobody is complaining, or threatening to sue, so you must be OK. Except you may have forgotten one thing: what about the government? When Things are Silent In many cases, even when no… Read More »
Creating Enforceable and Useful Security Agreements
If someone owes you money or you are thinking of loaning them money, one big concern may be how you will be paid back. Benefits of a Security Agreement Many people want to do what big banks do, when they give large loans out, like real estate loans that come with mortgages: secure property,… Read More »
How Differentiated Case Management Has Affected Litigation
During the COVID-19 shutdown, courts shut down for all but the most necessary cases and functions. The result when the world went back to normal was a backlog of cases; way more than the system had ever been designed to handle, putting cases on a waiting list for trials that was often years long…. Read More »
Your Business Should Have a Way for Employees to Report Harassment
There are a lot of defenses that your company can use when it is accused of harassing an employee at work. But there’s one defense that a lot of businesses don’t think of: Did the aggrieved employee report the abuse and if so did he or she report it through the correct channels? Why… Read More »
What Will Happen to Your Business if You Get Divorced?
Among all the property and assets that businesspeople fear that they will lose the most in a divorce, it is their business. And while division of business often falls more under the category of family law, as opposed to business law, any businessperson who faces divorce likely will want to know what will happen… Read More »
Judge in Florida Denies ACC’s Motion to Dismiss Florida State University (FSU) Lawsuit
On April 9th, 2024, ESPN reported that a judge in Florida denied a motion to dismiss filed by the Atlantic Coast Conference (ACC). As such the Florida State University (FSU) lawsuit filed in the state—which is running concurrently to the ACC’s lawsuit against FSU in North Carolina—will be allowed to proceed. The court also… Read More »
Can My Business Partner Enter into a Contract Without Telling Me?
Business partners put a lot of faith in each other’s hand. Strong communication is one of the keys to building a successful business partnership in Florida. Indeed, poor communication can undermine any business relationship—and serious partnership disputes can arise. With this in mind, you may be wondering: Can my business partner enter us into… Read More »
Can You Get a Frivolous Lawsuit Against Your Business Dismissed?
Is your company facing a lawsuit? Whether from a vendor, supplier, customer, or employee, you have the right to defend your company against a legal claim. You may be wondering: Can you get a frivolous lawsuit dismissed? The answer is “yes”—but it will not happen on its own. Your company needs a proactive strategy… Read More »
Does an LLC Provide Protection to the Business Owner?
Are you considering forming a limited liability company (LLC) in Florida. If so, you may be wondering: Does an LLC actually provide real liability protection to the business owner? The answer is “yes”—one of the primary benefits of an LLC is that it offers tangible and reliable liability protection. Your LLC’s assets and liabilities… Read More »
Appellate Court Rules in Favor of Businesses Abruptly Shut Down By Local Government in Florida in Tax Dispute—Case Will Move Forward
According to a report from Bloomberg Law, a federal appellate court, the Eleventh Circuit Court of Appeals, has reversed a lower court’s dismissal of a lawsuit businesses filed against a local government in Florida. Lauderhill—a city in Broward County—had reportedly “abruptly” shut down businesses for delinquent taxes. The private businesses will not be allowed… Read More »
Apple Settles Shareholder Lawsuit for Nearly $500 Million (CEO Comments)
On March 15th, 2024, Reuters reported that Apple has reached a nearly $500 million settlement agreement in a shareholder dispute. The dispute in question arose after CEO Tim Cook’s comments regarding the company’s relationship with China. Mr. Cook is accused of misrepresenting the company’s iPhone sales volume in the massive market. Here, our Miami… Read More »
What Evidence Can Be Used to Prove Damages in a Contract Dispute?
Did your business suffer losses due to a breach of contract? Whether it was a vendor, supplier, customer, or any other party, you have the right to hold them accountable for a civil claim. You will need to prove your damages as part of the legal claims process. This raises an important question: What… Read More »
Can You Settle a Partnership Dispute After Litigation has Already Started?
Are you deep into a business partnership dispute? Even if litigation has already started, you can still reach a settlement. Here, our West Palm Beach partnership dispute attorney explains how settlement could still be an option even if litigation has already started in your case. What Does it Mean to Start Litigation? That you… Read More »
Anchors Aweigh: Legal Issues Surfacing in South Florida’s Yacht Industry
Jesse Fulton, Attorney Broker disputes are now extending from the real estate industry into South Florida’s $12 billion yacht industry. The recent lawsuits contend that the mandatory 10% sales commission in South Florida’s yacht sector are anticompetitive and violate antitrust laws. According to the two recently filed complaints, yacht sellers are forced to pay… Read More »
Locked in a Business Contract Dispute? How Commercial Mediation Can Help
Are you locked in a business contract dispute? Do not assume that the only way to resolve the case is going to court. Mediation can be a great tool for contract disputes. Here, our Miami business law attorney explains how commercial mediation can be a great option to resolve a contract dispute. What is… Read More »
Five Mistakes to Avoid When Defending an FDUTPA Lawsuit from a Customer/Client
The Florida Deceptive and Unfair Trade Practices Act allows customers/clients to take legal action against a business. Through an FDUTPA lawsuit, a plaintiff may be entitled to compensation for “actual damages” that they suffered as part of a company’s deceptive or otherwise unfair commercial practices. If your company is facing an FDUTPA lawsuit? A… Read More »
Should You Consult With an Attorney Before Signing a Partnership Agreement?
Are you preparing to form a business partnership in Florida? While not required by law, it is strongly recommended that you have a professionally drafted, written partnership agreement. You should always consult with an experienced business law attorney before signing a partnership agreement. In this article, you will find an overview of five key… Read More »
Can You Defend a Breach of Contract on the Grounds that Other Party Did Not Suffer Damages?
Is your company facing allegations of breach of contract? A proactive approach is a must. You do not want to fall behind your counterparty. Facing a breach of contract claim is stressful and frustrating—especially so if you are convinced that the other party suffered no actual harm. This raises an important question: Can you… Read More »
Don’t Make These Mistakes in Your Breach of Contract Case
Sometimes, you just know that a contract is about to be breached. Something about the other party’s words, behavior, or absence of either, tips you off that there’s a really good chance that the other side is not going to or willing to carry out its obligations under the contract. But before you rush… Read More »
What is a Lawsuit for Quiet Title?
Despite their name, quiet title lawsuits have nothing to do with volume, or your disorderly neighbors. Rather, they involve something much more important—your ownership, or right to own, real property, and the resolution of disputes between people who own property. Understanding Chain of Title In its simplest terms, all property has a chain of… Read More »
