Category Archives: Commercial Litigation
What Is Accord And Satisfaction?
Let’s say that someone owes you money. They agree to that. What they don’t agree to, is how much they owe. They send to you the part of the debt that they feel is legitimate and owed. You, of course, take what they have offered, and you prepare to file a lawsuit to collect… Read More »
Someone Who Owes You Money Files For Bankruptcy – What Do You Do Now?
Your company may not be near bankruptcy, or even thinking about bankruptcy. But then it happens—a company or person you are suing files for bankruptcy. What do you do now? Bankruptcy Happens If a company or person doesn’t pay you, or you have a contractual dispute with a company that you are suing, it’s… Read More »
False Advertising Claims Are Becoming More Common
Your business does things the right way. By the book. With honesty. You can’t imagine that your business would ever be hit with a false advertising lawsuit, either by a private citizen or by a government agency. But more and more, false advertising claims are becoming common, and your business can learn something from… Read More »
Health Tech Companies Must Comply With Data Breach Laws
We love devices to tell us about our health. From fitness and heart rate monitors, to watches that give us oxygen blood levels and EKGs, the future is health information at our fingerprints. But if you thought a data breach intercepting our bank account information was bad, what about a data breach with these… Read More »
Successor Or Alter Ego Company? It Makes A Difference
So your company didn’t do well. Maybe it closed, you liquidated it, or filed for bankruptcy. But you’re convinced that if you can do it again, and do it the right way, things can be different this time. Should you start what is known as a successor company? Successor Companies A successor company is… Read More »
Crowdfunding: What Is It, And Is It Legal?
Let’s face it: Raising money and finding investors can be difficult. Many investors will want some stake in your business, which creates its own set of legal hurdles and impracticalities. But what about crowdfunding? What is it, and is it something that’s right for your business? The Benefits of Crowdfunding Crowdfunding allows your company… Read More »
Does Your Business Need An Operating Agreement? Yes, And Here’s Why
In life, it can be easy to skip over the details. The same can be said for business. If you run or own an LLC, it may be easy to want to skip over the formality of having a written operating agreement. But for a number of reasons, that could be a very big… Read More »
Snooping Into Someone Else’s Computer Can Have Serious Consequences
When there is a business dispute, especially a dispute among former partners, shareholders or people who worked together, the incentive to snoop into, or even hack into, the other party’s emails or other online data, can be pretty enticing. But there are laws against this kind of activity, and the penalties can be severe…. Read More »
What To Do If You’re Not In A Lawsuit, But You Get A Subpoena
Your business isn’t in trouble. You’re not in any lawsuits and you’re not suing anyone. Nobody’s even upset with you (that you know of). And yet, suddenly you receive a subpoena for a deposition. What’s this all about? Why do you have this? And most importantly, what do you do now? Getting Information From… Read More »
What’s An Assignment For The Benefit Of Creditors?
If your business isn’t doing well, and you have creditors, you may be considering bankruptcy. But there may be other reasons why a bankruptcy won’t work for you, or why you may not want to file for bankruptcy. You could just sell all your stuff yourself, outside of bankruptcy, and use the money to… Read More »
The Basics Of Defamation Law
If you say anything negative about somebody, you’re certain to get a threat of being sued for defamation or slander. It seems more people threaten defamation, than actually know what it is. Regardless of whether you’re the one being defamed, or you’re trying to prevent getting in trouble for defaming someone else, a quick… Read More »
Shareholder Vs. Shareholder: Individual Or Derivative Lawsuits?
As you may know, a shareholder can sue a company and its owners or directors, for mismanagement of the company, or for dereliction of their fiduciary duties to the company. But what about one shareholder or partner (in a partnership) suing another? Do those cases have to be brought as derivative actions—that is, on… Read More »
Who Owns That Intellectual Property? Depends On Whether It’s Work For Hire
It’s the company holiday party, or summer party, or a charity event. You ask someone to take some pictures of the event, to put it on your website, or on social media. That’s a great idea from a marketing standpoint. But have you thought about the copyright problems that may be involved with that?… Read More »
Being Dishonest Can Get You in Trouble Under FDUTPA
Honesty is a good thing in life. But is it illegal to be dishonest? Unfair? Deceptive? You may say that these are bad qualities to have, but not illegal. But in fact there is a law that makes just these types of business practices illegal. Florida’s Deceptive Trade Practices Act The law is Florida’s… Read More »
Handling Partnership Disputes in Florida
In business your partners are often your friends, or at least people that you have a somewhat amicable relationship with. Hopefully, that carries on throughout the partnership. But sometimes it doesn’t. Whether it’s the business that infects the personal relationship, or the other way around, sometimes things go bad in business partnerships. How do… Read More »
Do You Want a Remote Jury? Maybe Not.
Although the courthouse continues to function virtually for hearings and non-jury matters, one thing has changed as a result of the COVID 19 crisis: Jury trials. In-person jury selection and trials have ceased since the pandemic began. If you have a case where you would normally want or have the right to a jury… Read More »
Can I Just Call the Police to Evict My Tenant?
Let’s assume that you have a non-paying, or non-compliant tenant. You know that there is a legal process to evict that tenant. But you also think that the legal process takes too much time and money, and you need the tenant out, yesterday. Why not just call the police? After all, it’s your property,… Read More »
Are You Checking Consumers’ Credit? Be Careful!
In today’s world, credit is everything. If you are a business that loans money, hires people, rents property, or which needs to do any kind of background check, your first instinct may be to do a credit check. Whether credit is a reliable indicator of character is debatable. What is not debatable, is that… Read More »
What is a Quiet Enjoyment Clause in a Lease Agreement?
In almost every commercial lease, and to some extent, in residential leases, there is a provision called quiet enjoyment. This provision is often overlooked, and many landlords are not even aware what obligations that the provision puts on them, or what can happen when a tenant’s right to quiet enjoyment is breached. What is… Read More »
Do You Have a Right to Bring Your Service Animal Into a Business?
There is a big debate about service animals. On the one side there are people who insist that they are vital, and legal, and that having the animal assists them with a disability. On the other side are businesses that see the right to a service animal as being abused. Regardless of which side… Read More »
