Category Archives: Business Litigation
The Apex Doctrine: Protection From Corporate Harassment in Lawsuits
Large companies get sued. A lot. It’s often just a part of doing business. From employment law cases, to contract disputes, to injury cases, a company can be involved in multiple lawsuits at the same time. If you are the CEO, or some other higher ranking officer, managing what could be a national (or… Read More »
Don’t Overlook So-Called “Boilerplate” Contractual Provisions
Boilerplate language in a standard business contract is an often used, somewhat derogatory term for language that is used and repeated over and over again in different kinds of business agreements. Because the language and the provisions are so standard, they are often overlooked. However, they can be important, and overlooking these provisions can… Read More »
Report: Many Florida Companies are Struggling to Get Business Interruption Claims Approved
With the COVID-19 pandemic and the subsequent government shutdowns, 2020 has been a difficult year for many businesses in Florida. Unfortunately, many of the companies that have suffered financial losses are struggling to get insurance coverage. Business interruption insurance is supposed to provide a cushion for companies forced to suspend or scale back operations…. Read More »
The Uncertainty of Phase Three in South Florida’s Tri-County Area
Last week, Gov. Ron DeSantis announced that Florida would be entering Phase 3 in reopening the state after determining that Florida was ready to move past Phase 2 based on the continuing a “downward trend in new COVID-19 cases while maintaining adequate health-care capacity.” DeSantis says the new order will override any other restrictions… Read More »
Is Your Arbitration Clause Enforceable?
Whether an arbitration clause works in your favor or works against you, largely depends on who you are, and what side of the lawsuit you’re on—the party suing or the party being sued. Either way, you may look at a contract or agreement and wonder if an arbitration agreement is enforceable. What is Arbitration?… Read More »
Understanding Florida’s Civil Theft Laws
Theft is a crime. Most people know that. What most people don’t know, is that there can also be a civil suit for theft, and that theft in the civil courts doesn’t always require that a crime be committed. As long as there is an intent to deprive someone else of property, there can… Read More »
Drafting Enforceable “Hold Harmless” Clauses and Contracts
Hold harmless provisions in agreements are becoming more and more common. Whether in a business transaction, in trying to mitigate risk of a lawsuit, or in trying to avoid getting sued for injury or damage, hold harmless or exculpatory clauses can be helpful to your business—if they are drafted properly. Business Exculpatory Clauses Like… Read More »
When is a Transfer of Property, Assets, or Money Considered Fraudulent?
If you are worried about getting sued, or a lawsuit is going to be filed against you, you may be thinking ahead to how or what you can do with your assets, to avoid having your property or money taken to satisfy any judgment that could be entered against you. Conversely, you may be… Read More »
Can An “As Is” Clause Protect Your Business? Maybe
The two words “as is,” seem to be popular with anybody selling a product, item or service. They seemingly insulate the seller from any liability, putting the entire onus of any defects or problems on the buyer or purchaser. However, there are limits to how far an “As Is” clause can protect your business,… Read More »
Tenancies by the Entireties – A Strong Protection from Collections Actions
One of the most powerful exemptions to collection, and thus, a powerful exemption from creditors, is known as the tenancies by the entireties (TBE). Whether TBE is a good or bad thing probably depends on whether you are the business or person collecting, or the one being collected against. Either way, it can be… Read More »
Are You Ready for A Business Breakup?
Breaking up is hard to do. That’s a famous saying, usually applicable to personal relationships. But it can be even more accurate when it comes to the breakup of a business. A business breakup can lead to lawsuits, litigation, and potentially even the dissolution of the business. Planning Ahead One of the best ways… Read More »
Due on Sale Clauses Can Cause Problems for Investors
If you buy investment property, or property that is foreclosed on, you can get some great deals, and property that provides you continuing income. Of course, if you do not understand how to look for good property, or the legal effects of loan documents, you can also end up with a big problem on… Read More »
What is a Receiver and When is A Receiver Appointed?
If you are in a business dispute, especially a dispute where fraud may be involved, you can expect to have to file a motion to appoint a receiver, or to have a motion filed against you by the other side, asking the court to appoint a receiver. But what is a receiver? A receiver… Read More »
South Florida Theater Company Files Class Action Business Interruption Lawsuit
According to a report from Law 360, the owners of the iconic Miracle Theatre in Coral Gables, FL have filed a class action lawsuit over the denial of its business interruption claim. SCOR SE, a global reinsurance giant, refused to cover the company’s losses and expenses related to the coronavirus (COVID-19) pandemic. Below, our… Read More »
As NBA Teams Gather in Florida, the Rockets Have Filed a Business Interruption Lawsuit
After the COVID-19 pandemic hit, the National Basketball Association (NBA) paused the season for more than four months. In the next few weeks, the league is set to resume play in Central Florida. Known as the ‘Quarantine Bubble’, 22 of the NBA’s teams will be playing at the Disney complex in Orlando. At least… Read More »
Creditors Can Get an LLC Member’s Payments Through a Charging Order
If you are sued by a creditor and the creditor gets a judgement against you, you probably know that the creditor, in trying to satisfy the judgment can try to get some of your assets. When you think of the things a creditor can reach, you probably think of personal property, bank accounts or… Read More »
Protecting Business Secrets: What Kind of Agreements do You Need
If your business wants to protect its policies, procedures, or special methods, you may have given thought to having some type of agreement that allows you to sue if someone who works for you decides to disseminate your company’s private, proprietary information. But there are so many different kinds of business contracts that protect… Read More »
Can COVID-19 Excuse Performance Under a Business Contract?
In many businesses and commercial business contracts, there are a seemingly unending list of paragraphs and legal language, much of which is standard from contract to contract. Among these “boilerplate” conditions, is what is known as the Force Majeure clause. It is written into almost every business contract, but it is rarely needed or… Read More »
Are Electronically Signed Commercial Contracts Enforceable in Florida?
The COVID-19 pandemic and the ensuing stay-at-home order and government-mandated business closures across Florida have changed many aspects of our lives. The pandemic has had a major impact on businesses, including how they communicate with their employees and partners and how they sign commercial contracts. As businesses had to switch to remote working, and… Read More »
Can You Lose Your Business License for Violating COVID-19 Safety Guidelines?
Three weeks after Florida entered Phase 2 of reopening on June 5, Gov. Ron DeSantis warned that businesses could face license suspensions for violating the state’s coronavirus safety guidelines. The governor said at a June 23 press conference that businesses that “flagrantly” violate COVID-19 safety rules will get in trouble with the law, according… Read More »
