Category Archives: Business Litigation
Handling Cease and Desist Letters
One day you open your mail, and there it is: a cease and desist letter. But what is a cease and desist letter? Do you have to follow what it requests? And will you owe money? What is a Cease and Desist Letter? At its core, a cease and desist letter is exactly what… Read More »
Business Litigation in Florida: What is a Material Breach of Contract?
When you enter a contract with another party, you do so with the intent that both sides will live up to their obligations under the agreement. If your counterpart fails to fulfill the contract, it can cause you and your company tangible damages. You may be entitled to compensation through a breach of contract… Read More »
It’s Not Why You Should Protect Trade Secrets–It’s How You Protect Them
Protect your trade secrets. It’s one of the most widely accepted practices in business. But while you may know why you protect your trade secrets, you may also be wondering—how do you protect your trade secrets? Trade secrets have a unique characteristic to them, when it comes to protecting them. The more you try… Read More »
Lawsuit With an Unlicensed Construction Professional? You Have Options
You have a significant construction project, and you hire a company that seems to be prepared to do the job. The job gets done, but there are problems with it. Bad workmanship. The job is incomplete. It isn’t up to specifications. Or any other number of problems. You want to sue, and then you… Read More »
When Third Parties Have Property, There Could be an Interpleader Action
Many times, two people have a dispute over money or property. That isn’t such a unique situation—in fact, it probably describes the majority of business related disputes. But sometimes there is an extra wrinkle in these kinds of cases: Neither party that claims ownership of the money or property, actually has that money or… Read More »
Was Your Florida Business Affected By a Breach of Contract? Four Mistakes to Avoid
A breach of contract can cause significant financial harm to the affected business. If your company was the victim of a contract breach in Florida, it is imperative that you take immediate action to protect your rights and interests. Contact disputes are complicated and too many non-breaching parties make avoidable errors. In this article,… Read More »
The Ins and Outs of Florida’s Deceptive Trade Practices Act
Florida’s Deceptive and Unfair Trade Practices Act or FDUTPA, can be a blessing or a curse, depending on whether you are a business trying to avoid getting into legal trouble, or a consumer trying to get redress for being wronged by an unscrupulous business. Either way, FDUTPA is a strong law that businesses should… Read More »
Privileges and Confidentiality: There are More Than You Think
You probably know of, or are aware of, the attorney client privilege. But did you know there were many other forms of privileges? These are times when nobody, in or out of litigation, can ever compel you to provide confidential information. Knowing what these privileges are, other than the well known attorney client privilege,… Read More »
Don’t Get in Trouble With Contributory Infringement
As a business owner, you likely (hopefully) respect others’ intellectual property rights, and would never just blatantly infringe on others’ copyrights. But what about helping someone else infringe? That can get you in trouble as well—even if you’re not the one actually doing the infringement. What is Contributory Infringement? It’s called contributory infringement, and… Read More »
Employee Handbooks: Are They a Good Idea?
If you have a business, having an employee manual-or some kind of handbook, or policies and procedures manual—can help your employees understand what is expected of them, create an atmosphere of openness, and can let employees know what is and is not expected of them. But employee manuals come with one possible downfall: many… Read More »
Do You Have to Perform Under a Contract When the Other Side Breaches?
In any breach of contract cases, it is common to have both parties suing each other, both alleging that the other breached its obligations under the contract. But what happens in that situation: can two parties be in breach of an agreement, and if one party breaches, does the other party to the contract… Read More »
Fraud and Fraud in the Inducement: What’s the Difference?
Many of us already know what fraud is, and would not think of doing anything to purposely defraud someone else. But what many people aren’t aware of, is that there are different kinds of frauds—including frauds that happen even before a contract is entered into. When someone claims that they had a contract, and… Read More »
What is the Florida Business Judgment Rule and How Does it Apply to Shareholder Litigation?
A minority shareholder puts faith in the hands of the officers, directors, and other decision makers of a corporation. When something goes terribly wrong, a shareholder may have a claim against the company. However, corporate officers and corporate directors have wide latitude to make business decisions. Shareholders take on certain inherent risks when investing… Read More »
Can I Make My Business Partner Invest More in the Partnership in Florida?
A successful business partnership will generally require a significant investment of resources—time, money, etc—on the part of the business partners. You may be wondering: What options are available if my partner is not investing enough into our business? In Florida, the answer depends primarily on the terms of your partnership agreement. Here, our Miami… Read More »
Choice of Law and Choice of Venue Clauses: What Are They?
When drafting or negotiating business agreements many businesses overlook what are known as choice of law, or choice of venue provisions. These contractual provisions can make your life easier—or harder if someone else puts them into your contracts without knowing it. Choice of Venue A venue clause says that a case has to be… Read More »
New Law Affects Accommodations for Pregnant Employees
If you have a business with employees, you likely know that you can’t discriminate against pregnant employees. So, refusing to hire, or firing an employee because she is pregnant would lead to a lawsuit. But a new law has been passed that now requires your business to make broader accommodations for pregnant workers. Making… Read More »
A Primer on Collecting Your Debts Safely
When someone owes you debt, collecting on that debt can be the difference between keeping your business’ doors open, or having to close them. But you also know that debt collection can be not just distasteful, but also can lead to legal problems, if it’s not done correctly. How can you stay safe when… Read More »
Do You Have to Provide Employees Intermittent Leave?
If you have an employee with a disability or illness, you may already be aware that you are obligated to provide them some type of leave, or absence, or accommodation (depending on the situation and the applicable law that applies to that situation). And if it is apparent that as part of an accommodation,… Read More »
Shareholders Derivative Lawsuits Hold Company Ownership Accountable
If you have a business with shareholders, your shareholders make money, when your business makes money. But what if it doesn’t? Can your shareholders sue you, as the owner or manager of a company, for your failure to make them a profit off of their investment in their shares? The answer largely depends on… Read More »
The Benefits of Having a Business Buy-Sell Agreement
Business succession planning is not just about the death of a shareholder or owner of a business. There are a lot of scenarios that could lead to all or part of your business ending up in the wrong hands. To plan in advance, and avoid potential problems, you may want to consider a buy-sell… Read More »
