Tag Archives: Florida Business Litigation Attorney
How Will the Supreme Court’s Internet Sales Tax Ruling Affect Florida?
On June 21st, 2018, the Supreme Court of the United States released a long-awaited opinion in the case of South Dakota v. Wayfair, Inc.. In a decision that broke through standard ideological lines, the court ruled that U.S. states have the right to charge a sales tax on internet purchases. This ruling overturned a… Read More »
What is the Corporate Opportunity Doctrine?
Corporate directors, officers, and controlling shareholders owe duties to their company and to the minority shareholders. Under the corporate opportunity doctrine, these representatives are legally prohibited from taking for themselves any business opportunity that could reasonably benefit the corporation. This is one aspect of the fiduciary duties of a corporate officer, and it is… Read More »
The DMCA Safe Harbor Regime: Explained
Signed into law by President Bill Clinton in October of 1998, the Digital Millennium Copyright Act (DMCA) seeks to provide a balanced environment, both protecting the interests of copyright holders and accounting for the concerns of website owners and operators that accept user-created submissions. The ‘Safe Harbor’ provisions contained within this law provide immunity… Read More »
Florida Appeals Court Vacates Award Calling for Attorneys’ Fees and Punitive Damages
On January 24th, 2018, Florida’s Fourth District Court of Appeal ruled in favor of the defendant (a real estate developer) in the case of DFG Group, LLC, et al. vs Heritage Manor of Memorial Park, Inc., et al. This appeal was centered around a jury award for attorneys’ fees and punitive damages. This decision… Read More »
FTC, DOJ Update Their Guidelines for the Licensing of Intellectual Property
In January of 2017, the Federal Trade Commission (FTC) and the United States Department of Justice (DOJ) officially updated their guidelines for licensing of intellectual property. This is the first time these guidelines have been updated since the mid 1990s. Here, our South Florida business law attorneys discuss these updates as well as the… Read More »
Florida Developer Stuck Contract Dispute With the Tampa Housing Authority
According to reporting from The Ledger, Pinnacle Group Holdings, a Florida real estate development company has brought a breach of contract lawsuit against the Tampa Bay Housing Authority. Last summer, the city’s housing authority cancelled a $7.4 million contract it had with the developer. This occurred after Pinnacle Group Holdings had already put a… Read More »
Eleventh Circuit Court Releases Instructive Decision on Bank Liability
On November 8th, 2016, the United States Court of Appeals for the Eleventh Circuit issued an opinion in the case of JSI Chang v. JP Morgan Chase Bank. This decision has important implications for banks in Florida. More specifically, it helps to clarify when banks might be held liable in certain fraud cases. What… Read More »
Florida Construction Liens: New Verdict Illustrates the Importance of Good Record Keeping and Timely Filing
Recently, the Florida Second District Court of Appeal released a decision in a construction lien case that originated out of a breach of contract dispute. After full payment was not received for work done in relation to a home renovation, a lien was placed against a homeowner’s property. However, a dispute quickly arose over… Read More »
Shareholder Appraisal Rights
Minority shareholders can be substantially affected (and harmed) by the actions of the majority shareholders. This puts minority shareholders in a difficult position. Fortunately, minority shareholders do have some important protections available under Florida law. Perhaps the most valuable legal protection is a minority shareholder’s appraisal rights. These rights, also sometimes referred to as… Read More »
Florida Breach of Contract: Liquidated Damages
When your business makes a contract with another party, you are placing a great deal of faith in that party. If they do not live up to their end of the bargain, your business could sustain serious financial damage as a result. Florida law seeks to remedy this issue by allowing non-breaching parties to… Read More »
What is Trademark Dilution?
In order to prevail in a trademark infringement claim, a commercial entity must be able to prove that there was a reasonable likelihood that customer confusion was created by the other party’s use of a similar mark. However, even if there is no reasonable possibility of customer confusion, your company is not necessarily out… Read More »
