Category Archives: Business Law
Commercial Litigation Report: Year in Review
Lex Machina, a leading data analytics firm, recently released its 2017 Commercial Litigation Report. The report is designed to highlight developments and trends in the world of business law, through the comprehensive review of all of the commercial cases that have been filed in United States District Courts. Notably, the researchers found that the… Read More »
Whistleblower Protection: The False Claims Act (FCA)
The False Claims Act (FCA) was passed by the United States Congress to ensure that federal officials had a means to prosecute companies, mostly contractors, that defrauded the government in some manner. Notably, the False Claims Act has one of the very strongest whistleblower protection provisions in all of American law. Here, our top-rated… Read More »
Could an Email Be a Binding Contract?
When most people think of a contract, they are picturing something that requires hours or days of very careful negotiation, with people working hard to come up with precise language and terms. Yet, forming a contract is actually far easier than most people realize. In fact, you might even have formed a legally binding… Read More »
What You Need to Know About Buy-Sell Agreements
Do you own all or part of a small or midsized business? If so, you should have a carefully drafted buy-sell agreement in place to protect your best interests. Indeed, without this type of agreement in place, your personal and business interests could be placed at substantial risk. You need a buy-sell agreement to… Read More »
National Report: Rampant Fraud in Florida’s Drug Treatment Industry
Recently, NBC News published a shocking report on rampant fraud within Florida’s multi-billion dollar drug rehabilitation and treatment industry. The report centered around Palm Beach County, which has become one of the “rehab capitals” in America’s fight against drug abuse. Here, our experienced West Palm Beach fraud attorneys discuss this alarming new report as… Read More »
Palm Beach County Court Dismisses Unfair Trade Practices Claim Against Pokemon Go App Maker
Pokemon Go is a popular mobile gaming application that uses advanced, augmented reality technology as part of its gameplay. When it was first released in the summer of 2016, it broke Apple’s mobile download records. Though, not everyone was happy with the product. Indeed, a Palm Beach, Florida man sued the game’s app maker,… Read More »
Considering Becoming a Franchisee? Get Your Franchise Agreement Reviewed
A franchise can be a great business opportunity for many in people in Florida. By becoming a franchisee, you can use an already established business model to create real value for yourself and your family. When you buy into a franchise, you are creating your own business. That being said, your new business will… Read More »
The Four Stages of Business Law Arbitration
Is your company currently locked in a commercial dispute? If so, you may need to (or be required to) seek arbitration. Compared to traditional litigation, arbitration offers businesses several key benefits, including that it is generally faster and cheaper than litigation, and that the proceedings can be kept fully confidential. For companies facing upcoming… Read More »
Contract Dispute: Florida Agency Attempting to Replace a Vendor at Sebastian Inlet
According to reporting from Florida Today, the Florida Department of Environmental Protection (FDEP) is attempting to remove a vendor (J&S Investment Properties LLC) over a contract dispute. The vendor operates a gift shop at Sebastian Inlet State Park, but the agency alleges that the private company has breached the contract, and now they are… Read More »
Business Law Watch: Governor Rick Scott Vetoes the “Liquor Wall” Repeal Bill
On May 24th, 2017, Florida Governor Rick Scott created major political waves when he vetoed Senate Bill 106. This was a controversial piece of legislation that would have removed Florida’s ‘liquor wall’, a colloquial name for a prohibition-era law that puts heavy restrictions on when and where hard liquor can be sold within the… Read More »
Florida Federal Judge: False Advertising Lawsuit Against Movie ‘War Dogs’ Can Proceed
War Dogs, a 2016 movie produced by Warner Brothers, reportedly grossed $86 million at the box office. This dark comedy film stars actors Jonah Hill and Miles Teller as two Miami-based arms dealers who secure a major contract from the Pentagon. The film is based on real events. However, one of the men who… Read More »
Florida Business Law: Resolving Deadlocked Disputes
Business disputes are a reality that all shareholders must acknowledge. Eventually, even the closest of business partners will disagree about some aspect of the company. When forming a business, it is imperative that partners and shareholders create a proper structure to resolve any potential disputes efficiently, without risking any long-term damage to the underlying… Read More »
Copyright Law: What Are Derivative Works?
A derivative work is one that is based largely off of a pre-existing work. Under the Copyright Act of 1976, copyright holders are entitled to some important legal protection against anyone using their original work for derivative purposes, without their express consent. However, this does not mean that you cannot be inspired to create… Read More »
Consumer Fraud Watch: Medical Marijuana Scam
On April 19th, 2017, the Florida Department of Health issued an official warning to all consumers in the state regarding an alarming increase in reports of ‘medical marijuana’ scams. Under Florida law, medical marijuana can only be legally used by state residents who have obtained a valid identification card from the state’s Office of… Read More »
When Can Corporate Officers and Directors Be Held Personally Liable in Florida?
As a general rule, high ranking corporate officers, directors and other prominent officials are not held personally liable for the acts (or debts) of a corporation. To put a finer point on it, a corporate official is not personally responsible for the wrongdoing of the company simply because of their position at the firm…. Read More »
Palm Beach County Man Sentenced to 11 Years in Prison for Identity Theft Fraud
According to reporting from the Daily Business Review, Kesner Joaseus, of Wellington, Florida, has been sentenced to eleven years in prison for his role in a complex identity theft/real estate fraud scheme. Mr. Joaseus, and his co-conspirators, Wadno Dorneau, of West Palm Beach, and Miguel Tilus, of Lake Worth, were originally charged in January… Read More »
Court Strikes Down Miami Beach’s New Minimum Wage Law
On March 28th, 2017, a Miami-Dade County circuit court struck down a Miami Beach city ordinance that was set to raise the jurisdiction’s minimum wage. According to reporting from the Miami Herald, the law was invalidated by Judge Peter Lopez, who agreed with officials from the state of Florida and a coalition of Miami-area… Read More »
FTC, DOJ Update Their Guidelines for the Licensing of Intellectual Property
In January of 2017, the Federal Trade Commission (FTC) and the United States Department of Justice (DOJ) officially updated their guidelines for licensing of intellectual property. This is the first time these guidelines have been updated since the mid 1990s. Here, our South Florida business law attorneys discuss these updates as well as the… Read More »
Florida Shareholder Case Shows the Complexity of Collecting ‘Lost Profits’ as Damages
On March 17th, 2017, the Florida Second District Court of Appeal released a decision in the case of ICMFG Associates Inc v. Bare Board Group Inc. This case involved a complex shareholder dispute. As a part of the case, one company sought lost profits as damages from its former shareholders. Though the firm was… Read More »
The Enforceability of Non-Solicitation Agreements in Florida
A non-solicitation agreement is a contract that prevents an employee from leveraging a company’s customers for their own benefit or the benefit of an industry competitor. Often, non-solicitation agreements are part of larger employment contracts that may also include provisions such as a non-compete agreement or a non-disclosure agreement. If your company is using… Read More »
