Category Archives: Business Litigation
Going to the Top: The Apex Doctrine in Business Litigation
If you are the president or CEO of your company, there may be a lot about the day to day operations of your company that you aren’t directly involved in. That’s to be expected; as a higher level executive you simply have no choice but to delegate a lot of the daily decision making…. Read More »
Business Law in Florida: What is a Registered Agent?
How do you set up a business in Florida? If you are going to set up a corporation or a limited liability company (LLC), then you will need a registered agent in the state. A registered agent is an individual that has been designated by the business to receive official legal documents. Here, our… Read More »
Social Media Policy Dos and Don’ts
It doesn’t matter what kind of business you have or what industry you are in: if you have employees, they are likely on some kind of social media. And because of that, your company needs a social media policy. But what to put into, or exclude, from that policy, is an important question, and… Read More »
Royalties and Licenses for Public Performance of Music
Let’s say that you have a business, and you think it would be a good idea to have some music in the background. You’re not a concert hall, and you’re not selling music—you just want to create a nice environment for your customers. You put on some music over your speakers, but before you… Read More »
Forming a Contract: What is a Meeting of the Minds?
A contract is more than a mere promise. For an agreement to be legally enforceable in Florida, a valid contract must be formed. That requires an offer, an acceptance, and consideration between both parties. Beyond that, there must be a “meeting of the minds.” A meeting of the minds is mutual assent to the… Read More »
Understanding the Florida Homestead Exemption
If you are in debt and have creditors coming after you, or perhaps if you are a creditor, and are trying to collect a consumer debt, you may have heard that if you have a homestead in Florida, that homestead is completely exempt from collections, regardless of how big or how expensive or how… Read More »
The Benefits of a Personal Guarantee
As you probably know, when someone signs a contract in his or her official capacity for and on behalf of a company, only the company, not the person signing can ever be held liable for damages in the event of a breach of that contract, absent certain specified exceptions in the law. This is… Read More »
Is a Private Trial Right for You?
There is a seemingly never ending desire to try to work out conflict, without the cost, time and expense, of going to trial. Alternative dispute resolution (ADR) has filled this void to some extent, with contracts that routinely require mediation and arbitration to resolve disputes. But there is another, much lesser known and less… Read More »
Understanding Business Partitions
You may be aware that businesses can be owned by more than one person, regardless of the type of business entity. Whether an LLC, or a partnership, or a company, there are often multiple owners. But when those owners have a dispute, and one that can’t be resolved, often the only option is to… Read More »
Things You Didn’t Know About Corporate Bylaws
If you start a business, you’re probably doing it because that’s the business you want to get into, and so that you can use your business skills for a profit. You didn’t go into business to draft paperwork, including bylaws. You’ve heard of bylaws, and people have said you need them, but there are… Read More »
Your Business Can be Hit With Serious Damages in Employment Discrimination Cases
As a business owner, you hopefully are aware of the many laws that protect workers, and which tell you, as an employer, what you can and cannot do when it comes to your employees. Whether discrimination or retaliation or lawsuits involving improper pay or salaries, one thing is certain: violating state and federal employee… Read More »
THC Products and Intellectual Property
THC is part of the chemical compound in cannabis—you may have seen it on all different kinds of products, including even dog treats. But you may have also heard of THC-laced gummies and other popular candies. And that’s where a lot of manufacturers are starting to get concerned, as THC makers are starting to… Read More »
Accepting Partial Payments Can Land You in Trouble
Let’s say that someone owes you money that they have not paid. Suddenly and out of the blue, a payment comes—but not a full payment. Just a payment for a part of the total that is owned. You know that staying out of court is always a good idea, and that some money is… Read More »
Getting Attorneys Fees: When Are You the “Prevailing Party?”
When you have a business dispute, or a potential one, one prevailing question is whether it’s worth it financially to go to court. After all, you’ll have to pay an attorney, and depending on the complexity of the case, paying an attorney can eat into the amount that you would win in court, even… Read More »
A Supplier Delivered Subpar Products—Is that a Breach of Contract?
Imagine that you enter into a contract with a supplier. The products arrive on-time and in the correct number as stipulated by the contact. However, upon inspection, you determine that the products are of unreasonably inferior quality. Can a supplier be held liable for breach of contract because of inferior products? The short answer… Read More »
Meta Seeking Dismissal of Shareholder Lawsuit Against Corporate Directors
On December 20th, 2023, ABC News reported that Meta—the Silicon Valley-based social media giant—is seeking the dismissal of a shareholder lawsuit that was filed against several of its corporate directors. The lawsuit makes the relatively novel argument that officers at the Fortune 500 company owe duties not just to the corporation itself, but also… Read More »
New “Stop Woke” Act is on Hold for Now-But it Could Affect Your Business
In 2022, the State of Florida passed the “Stop Woke Act,” a law that is controversial, political, and which currently is making its way through the court system because of numerous challenges to its content. But regardless of what you think about it politically, if you’re a business owner, it is important to know… Read More »
Understanding the Parol Evidence Rule
Let’s say that you are in the process of negotiating a contract. You discuss it, get the contract, sign it, and you’re done. Except then there’s a problem: Something important that you discussed and agreed to, and which was supposed to be in the contract somehow didn’t make it into the agreement. But you… Read More »
Protecting Your Company’s Information When Employees Leave
In the course of an employee or contractor’s employment with you, that person will likely have access to many of your business’ most valuable assets. Everything from your processes and procedures, to your customer lists, to your software, to anything else that you may consider your “secret sauce.” One day, that employee’s employment with… Read More »
Temporary Injunctions: Pros and Cons
When people or businesses sue, they usually sue for money damages. But often, they will also ask for an injunction. An injunction is a court order that stops someone from doing something or from engaging in a specific behavior. When are Temporary Injunctions Needed? Injunctions are common for things like intellectual property infringement, where… Read More »
