Category Archives: Business Litigation
Florida Restaurants May Have An Easier Time Selling Alcohol To Go
The state of Florida is providing some relief to food service establishments that sell alcohol. But like so many aspects of the alcohol and food service industry, businesses should be careful as the new laws contain a number of exceptions and technical requirements that must be followed. Temporary Changes are Now Permanent During the… Read More »
Storage Unit Evictions And Property Sales
Your business may have items in storage, and that means that you may at some point have a problem with the storage company. What are the laws that a storage company must follow, and what rights do you, as a tenant, have against a storage unit owner? No Lawsuit Needed As a tenant, your… Read More »
Locast Case Is A Lesson In Reading The Law Correctly
What does it mean to be a nonprofit organization? How important is it to read and comply with the language of federal law? One large broadcaster is learning that lesson the hard way. Getting Broadcast TV As you likely know, if you want broadcast TV in your home—the basic cable networks, like CBS, NBS,… Read More »
Ben & Jerry’s Director In Trouble For Self-Dealing
We have written in the past about the various ways that officers and directors of a company can get themselves in trouble. Often, this includes breaches of fiduciary duties. Certainly, the mere fact there was a bad business decision, or that the company doesn’t do well, does not mean an officer or director is… Read More »
Avoiding Harassment And Discrimination Lawsuits
The best way to defend a harassment or discrimination lawsuit at the workplace, is to avoid lawsuits in the first place. While there is no completely foolproof way to do that, there are things you can do at your workplace to minimize the chase of lawsuits–and to strengthen your defenses, should a lawsuit be… Read More »
Pulling Credit For Prospective Employees Legally
There are a lot of reasons why you may want to check the credit of a prospective employee, before hiring him or her. Whatever your reason, you should be aware that the Fair Credit Reporting Act (FCRA) has very strict restrictions on when credit can be pulled, how, and the procedures surrounding background or… Read More »
The Benefits Of A Private Trial
When we think of alternate dispute resolution (ADR), we often think of mediation and arbitration. Each has positives and negatives, but there’s one kind of ADR that is often overlooked, even though it is specifically provided for in Florida law: the private trial. What is a Private Trial? It is a little misleading to… Read More »
Substantial Performance: When Good Enough, Is Good Enough
When you sign a contract, it is your obligation to live up to every detail in that contract, in full, completely. Of course, that makes sense, and is generally a true statement. But there is one exception in Florida law, called substantial performance. Good Enough There are times when a party completes the obligations… Read More »
Should Your Business Get An SBA Loan?
If you are a small business, you may have heard of the Small Business Administration (SBA). And if you are a business that may be looking for a cash infusion, you may be wondering whether an SBA loan is right for you. Who is Lending? Contrary to popular belief, when a business gets a… Read More »
Merchant Cash Advances And Invoice Factoring: Good Or Bad Ideas?
Your business is in need of money, but for a number of reasons, you don’t think a traditional loan is for you. But then you hear about something that doesn’t get a lot of publicity: Selling your future receivables (sometimes called merchant cash advances), or invoice factoring. What are these kinds of loans, and… Read More »
How Arbitration Can Sometimes Hurt Businesses And Employers
It is generally accepted that for many businesses, arbitration agreements can be helpful, and avoid long or costly litigation. Many consumers and employee organizations fight against arbitration agreements, as they are seen as “pro-business” or “pro-employer.” To some extent this is true. Certainly, arbitration can expedite the resolution of a claim, lower the costs… Read More »
What Is The Work For Hire Doctrine?
Imagine this: Your business needs a new logo. Perhaps a cute character, say, a rabbit that everybody will identify with your company product or brand would be great. You go to your executive vice president who happens to be an amateur graphic artist. He creates a great looking rabbit. So good, the rabbit is… Read More »
What Can And What Can’t Be Asked At Your Deposition?
If you are called to testify at deposition, you may have some concerns about what may be asked of you. This is not an easy question to answer. Unlike in the movies, and in some other states, generally in Florida, there is no judge at a deposition. That means that what happens at deposition… Read More »
Differences Between Member And Manager Managed LLCs
There are a number of benefits to starting an LLC over a traditional corporation. But once you opt for an LLC, the decision-making process isn’t over. You still need to decide whether you will be an LLC that is member or manager managed. First, it may help to understand that the owner of an… Read More »
Errors In Closing Arguments Can Be Very Costly
In the closing arguments of a trial, especially a business law trial, lawyers have to balance two interests. On the one hand, a lawyer needs to be passionate, and speak in language that the average juror understands. The lawyer should use metaphors, and allegories that assist the juror in making interpretations of the evidence… Read More »
What Is A Letter Of Intent And Is It Enforceable?
In law and business, agreements to agree are more common than you may think. It may seem silly to have an agreement to agree on something later on—after all, how do you know what you will or won’t agree to later on, until you actually see what you are going to be asked to… Read More »
Understanding The Positions And Terms Of A Basic Corporation
Officers, owners, managers, shareholders, directors…they all seem like words that get thrown around every time anybody talks about companies. But what do they mean? What are the roles in a typical corporation? Of course, each is pretty detailed, but a quick summary about what these titles mean can give you some basics on how… Read More »
Understanding Contractual Indemnity
Indemnity clauses appear in all kinds of contracts. The word indemnity is commonly used in law, and in business—yet many businesses that enter into contracts have no idea what it means, or what the ramifications may be when the term is used. The best way to understand what an indemnity agreement is is by… Read More »
Fiduciary Duties In A Corporate Law Environment
We know that if you sign a contract, you owe some kind of duty or obligation to the other side. The same holds true if there’s a law that says that there is a duty, such as the duties that attorneys or doctors may have to their patients or clients. But can you be… Read More »
Laches: When A Lawsuit Is Filed Timely, But Also Too Late
Here’s a piece of advice that you probably hear often: File your claim now! Don’t let the statute of limitations on your lawsuit expire! But you don’t give much thought to this advice, because when you have legal claims, you file them within the statute of limitations. Depending on the claim, statutes of limitations… Read More »
