Category Archives: Business Litigation
Are You A Pawnbroker? You Could Be
Your business may not be a pawnbroker or a pawn shop and you may not be involved in pawning items at all. Or so you think. What you don’t know is that if your business is involved in buying any kind of used property or reselling it there’s a chance that the government could… Read More »
Should You Worry About Tortious Interference With Contract?
Lets say that you own an air conditioning repair company. Your competitor has a large account with the local apartment complex—a lucrative account, and you want that account. So, you go to the apartment complex yourself and you pitch your business. You sit down with the property owner. You then find out your buddy… Read More »
Are There Times When Attorney Client Privilege Can Be Waived?
Anything you tell your attorney is private and confidential. This is a maxim of our American legal system, and a vow that your attorneys are sworn to uphold. But is attorney client privilege always present? Actually, there are times when it can be waived—sometimes purposefully, but also sometimes accidentally, when attorneys and clients aren’t… Read More »
Is It Legal To Record, Monitor, Or Videotape Employees At Work?
As an employer, you probably want to know that your employees are doing their jobs when they are on work time—that is, when you are paying them. Of course, it is also impossible for you to do your job, while also keeping your head over every single employee’s shoulder. Computer Keystroke Monitoring That’s why… Read More »
False Food Claim Class Action Lawsuits Are On The Rise
We all hear about lawsuits that may have dubious merit. As a business owner, you may have concern over being sued over a claim that ends up being false, or over a statement that you make in an advertisement that is refuted. Although these kinds of lawsuits are rare—and highly defensible—that doesn’t stop lawsuits… Read More »
What Are The Damages When A Contract Is Breached?
When we talk about contracts we usually talk about how they are formed and how to best draft them to protect our interests. But what about remedies? In other words—what can you get as damages in a breach of contract case? There are a lot of different kinds of contractual damages, but not every… Read More »
The Basics Of Florida Partnerships
You will often hear people who go into business together say that they are forming a “partnership.” This word has come to mean anybody that wants to do business together, but in reality it has a specific legal meaning. A partnership is a legal entity with its own set of rules under Florida business… Read More »
What Happens If You Still Run A Company After It’s Dissolved?
Whether you are voluntarily ending your business, or whether you’re concerned it could happen to you without you wanting it to happen, companies do dissolve. But how do companies dissolve—and what happens if, after your company dissolves, you keep running the business? How Companies Dissolve There are three main ways that a company can… Read More »
Serving A Lawsuit When You Can’t Find The Party That Needs To Be Served
It is a fundamental doctrine of our constitution, that someone who is sued, gets notice of the lawsuit, so that he or she may have the opportunity to defend himself. Usually, this is done through a process server, who personally serves someone with the lawsuit. But many times, the person that has to be… Read More »
Understanding Tenancies By The Entireties
When a husband or wife dies, the property of that spouse automatically transfers to the other spouse. No legal case or written document needs to exist, for that to happen. You may have known that already, but that concept is actually part of a larger doctrine in Florida (and national) law, called tenancy by… Read More »
Attorneys Fees And Florida’s Offer Of Judgment Statute
In many business law cases, a contract says that the winning party gets their attorneys fees from the losing party. Alternatively, a law may say that if you sue, and win, that you get attorneys fees, depending on what you’re suing for. Outside of those options – a contract or law—the winning party in… Read More »
The Basics Of Hiring Your First Employee
We often talk about problems that big companies have, or legal issues related to companies with a lot of employees. But small and newer companies need legal help also, and one area that many small employers may be unfamiliar with, is how to hire their first employee, and the legalities that go with hiring… Read More »
What Is A Fictitious Name, And Do You Need One?
Many people find that their official corporate business name doesn’t make a great name to put out to the general public. Your official corporate name may be difficult to remember, complex, or just not related to the product you are selling, or the image you are trying to put out into the public eye…. Read More »
Government Is Cracking Down On Fake Product Reviews
If you sell a product online, reviews could be the lifeblood of your business, driving sales up or down, depending on the reviews themselves. What better way to ensure that your business, service or product gets the reviews that it needs, than by using fake reviews? Well, the government is coaching up on this… Read More »
Make Sure The Instructions On Your Products Tell The Whole Story
Let’s say that your business sells a product. You get the product from overseas, or from a separate manufacturer. The product is generally safe, but if used improperly, could cause harm. Or, it’s a product that is meant to protect from harm, like a pool gate, or protective eyewear. So long as the end… Read More »
Understanding The Role Of The Judge And Jury In Business Law Cases
If your business law case goes to trial, the judge will determine who is right, and make a decision. Or will the jury do that? Wait-why is there a judge and a jury, and what decisions do each of them make? It sounds like their jobs may overlap, but in fact, they have distinct… Read More »
Legal Issues Surrounding Drone Operation And Use
Drones are used both for business, and for recreation. The usefulness of a drone is almost universally accepted, and in many businesses, reliance on drones has become common practice. But there are a number of legal issues surrounding drones, and you should be aware of potential legal pitfalls, so that you don’t run into… Read More »
Considerations In Settlement Agreements
So it looks like you are about to settle that business lawsuit that has cost you time and money litigating in court. Congratulations; settling can often be a smarter, wiser (and cheaper) choice than going to trial. But before you settle, you need to sign a settlement agreement. What should you look out for… Read More »
Apple Learns Lesson In Magnuson-Moss Warranty Law…And You Can Too
If your company offers a warranty, that’s fine. In fact, it can be good business to offer a warranty. But like the old adage about having your cake and eating it too says, you can’t offer a warranty, allow customers to rely on it, and then not offer what you’re promising. At least, that’s… Read More »
Summary Judgment: A Decision Before A Trial
You often hear about cases getting determined, before a party even gets a full trial. The parties don’t get the chance to testify, they don’t get the chance to put evidence in front of the jury (if it is a jury trial), and their case ends, seemingly, very early. How is this possible? Summary… Read More »
