Category Archives: Business Litigation
Understanding the Basics of Copyright Expiration
Recently a movie was released with the name, “Winnie the Pooh: Blood and Honey.” There is also talk of making a horror movie from the “Steamboat Willie” property, featuring Mickey Mouse. How is all of this possible? Aren’t these properties protected by copyright, and in these cases, owned by Disney? Copyright Expiration These kinds… Read More »
Using “As-Is” Clauses in Your Contracts
If you’re selling a product and want nothing to do with ensuring the product does what it’s supposed to do, one easy way to wash your hands of potential liability is through an as-is clause. But those two worlds don’t solve all legal problems, and you can still be on the hook if something… Read More »
Business Confidentiality and Protecting Trade Secrets When Divorce is Looming
During your marriage, you likely share a lot of information with your spouse, as you probably should. Some of that information may be private information about your business. In fact, your spouse may even work at or with or for your business, perhaps even in a higher level position, giving him or her access… Read More »
Two Big Changes Just Happened to Employment Law
Well, it finally happened: the government, through the Federal Trade Commission (FTC), finally and after much speculation, made the use of noncompete agreements, for the most part, illegal. Long Discussion Ends in a Ban This is not a new or unexpected change; the FTC had been debating outlawing noncompete agreements for the past year,… Read More »
Pros and Cons of Getting an Early Right to Sue Letter from the EEOC
If you have an employment discrimination claim, the government will require that you file that claim with the Equal Employment Opportunity Commission (EEOC) first, before you can just jump right into court. But what a lot of employees don’t know is that there is a way to speed up this process. Time Limits By… Read More »
Accepting Late Rent Could Hurt Your Legal Position
Let’s say that you rent property to someone else. Maybe you’re a landlord of residential or commercial property. Hopefully, your tenants pay on time, but sometimes, problems happen, and the payment is late, or doesn’t show up at all. Should You Work it Out? On the one hand, you want to work with tenants—kicking… Read More »
Using a Temporary Director on Your Board of Directors
You likely know that your Board of Directors will have to vote on matters concerning the company. What matters they will vote on and when, depend on your corporate documents, such as your bylaws. But when it comes time to vote, they will have to make the decision. How Many Directors? If you have… Read More »
The Board of Directors’ Role in a Non-Profit Organization
In a traditional for-profit company, a Board of Directors is there for one primary reason: to safeguard the interests of the shareholders. Of course, the shareholders’ interest is in maximizing the value of their shares, and thus, in ensuring that the company operates as profitably as possible. But while the motivation to maximize profit… Read More »
Was Your Company the Victim of a Breach of Contract? Five Things to Do Before Filing a Lawsuit?
Did your company suffer losses as a consequence of a breach of contract? If so, you may be considering filing a lawsuit against the breaching party. While litigation is necessary in some cases, it is important to emphasize that it is not always the best approach. There are some steps to take before heading… Read More »
How Much Do Tipped Employees Need to be Paid?
If you have a business where many of your employees are paid by tipping, you need to understand how federal law, specifically the Fair Labor Standards Act (FLSA), treats tipped employees. There are some detailed rules about what employers can and cannot do, and even if you generally understand how the FLSA works with… Read More »
IP Licensing Agreements: The Basics
Could your business make money by using licensed characters or intellectual property (IP)? Imagine sports teams, sci-fi and movie characters, or TV characters, adorning your product or your website or on the items you sell. Instant recognition and popularity can translate into sales. The problem of course is that you don’t own any of… Read More »
Could Non Compete Agreements be Going the Way of the Dinosaur?
With some exceptions and with a good number of restrictions and limitations, Florida allows employers to require employees and others, such as contractors or vendors, to sign non compete agreements. But many states do not—and the current trend is that the United States government may, one day, make these kinds of agreements completely illegal…. Read More »
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 »
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 »
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 »
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 »
