Category Archives: Business Litigation
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 »
ADA Lawsuit “Testers”: Can They Sue Businesses That Aren’t Compliant?
You may already know that your physical premises must be disability compliant, and accessible to the handicapped and disabled community. The Americans With Disabilities Act (ADA) does have a few exceptions, but as a general rule, if your business doesn’t meet stringent height, accessibility, or measurement requirements, your business or property can be seen… Read More »
Defamation in the Workplace: Is it Actionable?
In the real world, outside of work, you may be very conscious of things that you say and don’t say, for fear of saying something defamatory. But often, when it comes to employees, we tend to be more loose-lipped, saying things that can lead to defamatory claims. At Work is the Same as Outside… Read More »
Is a Nonprofit Organization Right for You?
Let’s say you are starting a new business, and you are considering what kind of business entity you will be. One type of entity you may not have considered, is the nonprofit or not for profit organization. While of course, these entities can only be used for certain kinds of businesses, if your business… Read More »
CoFounders Sue Trump Media, Threatening Proposed Truth Social Merger
On March 1st, 2024, The New York Times reported that a partnership owned by Wes Moss and Andy Litinsky filed a lawsuit against Trump Media in the Delaware Chancery Court. They argue that Donald Trump—the Former President and owner of Trump Media—is improperly trying to dilute their shares in the company. Within this article,… Read More »
Breach of Contract Claims: Equitable Relief
When a contract is violated, the non-breaching party may have a legal claim. In Florida, the primary remedy in a breach of contract case is financial compensation. However, in some cases, an equitable remedy may also be available. The Legal Information Institute explains that equitable relief in a breach of contract claim refers to… Read More »
“I’m Sorry” as a Legal Strategy – Does it Work?
In our personal relationships, we often are told of the value of saying “I’m sorry” when we do something wrong. But when it comes to our business transactions, we rarely do that, when in reality, it can often be an important and powerful negotiation technique. The Emotional Aspect of I’m Sorry When we are… Read More »
Common Intellectual Property Mistakes That Businesses Make
If you are a business, and your business isn’t related to intellectual property – copyrights, trademarks or patents—then IP issues, and particularly avoiding legal problems related to IP, may not be the first thing on your mind. But that’s how it happens; businesses that aren’t giving much thought or concern to IP issues, often… Read More »
The EEOC’s Role in Discrimination Lawsuits
Although all of us try to do our best not to discriminate, the fact is that often, accusations are leveled against your business even in the best of circumstances. And while you may have concerns when there is a lawsuit filed against you, that concern can be made worse when the Equal Employment Opportunity… Read More »
Conflicts Between Corporate and Estate Planning Documents
It is a common scenario: A smart businessperson thinks ahead, and in corporate documents, like bylaws, or a management or partnership agreement, the issue of the death of an owner is addressed. The document clearly says what will happen when the owner or majority shareholder or managing member, passes away. The documents are drafted… Read More »
Contractual Frustration of Purpose: What Is It?
Often, there is an overriding, essential purpose to entering into a business contract. If a developer and a construction company agree to build a retail shopping plaza, the creation of a revenue generating property is the purpose. If a business and an IT company enter into a contract, fixing or maintaining computer systems or… Read More »
The Time Limit to File a Breach of Contract Case is More Complex Than You May Think
Every lawsuit has a time limit, within which you must file your lawsuit, or it is forever barred. That is called a statute of limitations. When it comes to the statute of limitations with contracts, the statute of limitations seems clear, but there are factual scenarios that can make the time limit more confusing… Read More »
Need an Expert Witness? Be Prepared for a Fight
Business trials use experts on a regular basis. But just because you call someone an expert – or they call themselves an expert – doesn’t mean that they necessarily are. Ultimately, that’s for a court to decide, and that’s a decision that the other side may have room to argue about. Who is an… Read More »
The Benefits of Having a Law Firm on Retainer
Ever hear people say that they have an attorney “on retainer?” Ever wonder if that may be a good arrangement or idea for your business? It just may have benefits that you weren’t even aware of. What Does it Mean to Hire or Have an Attorney On Retainer? Normally, when you get an attorney,… Read More »
