Category Archives: Business Litigation
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 »
What is a Lawsuit for Quiet Title?
Despite their name, quiet title lawsuits have nothing to do with volume, or your disorderly neighbors. Rather, they involve something much more important—your ownership, or right to own, real property, and the resolution of disputes between people who own property. Understanding Chain of Title In its simplest terms, all property has a chain of… Read More »
New Business? Don’t Make These Mistakes
If you’re starting a new business, your mind is probably on the business itself, and how to make it financially successful. That makes sense. Your mind probably isn’t on things like “how can I stay out of legal trouble.” But many businesses do make crucial legal mistakes early on in their business—mistakes that can… Read More »
Is Your Wedding a Business Transaction? With Your Vendors, it May Be
When people get married, they often think of contracts that relate to the “what if we get divorced” question—that is, questions about prenuptials, and preserving property after a divorce. What they aren’t prepared for, and don’t give much thought to, are all the legal issues surrounding the wedding itself. Think about it-a wedding can… Read More »
Business Interruption Insurance: Some Basics
Many businesses have and purchase business interruption (BI) insurance, and that’s a smart thing. But the mistake that many business owners make is purchasing that insurance, and just assuming that it covers absolutely any reason, or cause, that could affect the downturn of business. Business interruption insurance is complex, and actually excludes a lot… Read More »
Providing Leave for Employee Victims of Domestic Violence
If you have a business and that business has more than 50 employees, you need to be aware of a little known law that protects the jobs of employees who are subject to domestic violence. So long as the employee has worked for your business for three months, you should be aware of your… Read More »
What is the Meeting of the Minds?
The phrase meeting of the minds, sounds like something from a fantasy show, or a science fiction movie. But it is actually the core, basic premises of contract law, and a foundational question in determining whether or not a valid, enforceable contract ever existed. Mutual Assent To have a meeting of the minds, thus… Read More »
Getting Investors While Protecting Trade Secrets
Getting good, quality investors can be the thing that gets your new business or business venture off the ground. You may not have the money, but you may have the business acumen and ideas to make money. So getting investors is one way to get that business out of your head, and into the… Read More »
