Tag Archives: West Palm Beach Business Litigation Lawyer
Can You Be Held Personally Liable for Business Debt in Florida?
Starting, building, and growing a business is a great way to support yourself and your community. Of course, owning a business is not without its risks. As any business owner can tell you, not every opportunity works out as planned. It is crucial that Florida business owners know how to protect their rights and… Read More »
Florida Appeals Court Reaffirms Power of Forum Selection Clause in Contracts
On September 6th, 2017, Florida’s Third District Court of Appeal released a decision in the case of Inspired Capital, LLC v. Conde Nast. The underlying dispute in the case centered on the applicability of a forum selection clause that was contained within a licensing agreement. Upon review, the court upheld the lower court’s ruling… Read More »
Florida Employment Law: What is a Clawback Provision?
A clawback provision allows an employer to take back money that has already been distributed to one of the firm’s employees. In the context of employment law, clawbacks provisions are most frequently included in contracts with executives who may receive bonuses or other incentives for performance. Though, other employees may also potentially have clawback… Read More »
Florida Commercial Contract Disputes: What’s Actually in the Contract?
In today’s world, business moves quickly. Often, the realities of the market require companies to enter into commercial transaction without ever sitting down and drafting a contract. In many cases, the two companies will send each other form contracts and simply move forward with the transaction. On the one hand, this is good as… Read More »
Selling Your Business? Why You Should Consult With a Lawyer
Not only is selling a business is a big decision, it is also a highly complex transaction. Indeed, a person who is buying or selling a business should move forward in the process only by first seeking guidance from an experienced business law attorney as well as an accountant. Here, we explain how a… Read More »
DOL Finds Florida Franchisee Guilty of Labor Law Violations, Orders the Payment of Back Wages
According to reporting from the Business Journal, the United States Department of Labor (DOL) has found a franchisee in northeast Florida in violation of multiple federal labor regulations. The franchisee, a restaurant located in Jacksonville, has been charged with violating both the minimum wage and overtime rules of the Fair Labor Standards Act (FLSA)…. Read More »
Florida Franchise Law and Encroachment Disputes
As a franchisee, the last thing you want is to be forced to compete with your own brand. For example, two Burger King locations would not do well if they were across the street from one and other. That location would likely not support both businesses. In order to be successful a franchise needs… Read More »
What is the Duty to Mitigate Contract Damages?
Consider the following scenario: company A and company B recently signed a $50,000 purchase agreement. The agreement stipulates that company A must deliver a certain product on the morning of January 1st. However, when company A shows up to make the delivery, a representative from company B states that they changed their mind and… Read More »
Are You Starting a New Business in Florida? Read This
There are few things more exciting than starting a brand new business. The possibilities are endless. After all, it has been reported that even major companies like Google, Apple, and Nike got their start in a garage. In order to set up a business that will be able to thrive, you need to give… Read More »
Seven Issues that Should Be Addressed Within Your Florida Franchise Agreement
A franchise can be an excellent business opportunity for many Floridians. Investors can replicate an already proven business model, while established companies can extend their brand recognition more quickly and efficiently. When things go well, a franchise is mutually beneficial. However, there is also the risk that a destructive dispute could arise between the… Read More »
Is Your Florida Business Being Sued? Here is What You Should Do Next
While individuals rarely face civil lawsuits, companies can potentially face legal action for a wide variety of different reasons. In fact, a company may be sued by a customer, an employee, a vendor or even a competitor. If your business is facing a lawsuit, it is normal to feel stressed out and overwhelmed. However,… Read More »
Florida Copyright Litigation: Understanding Secondary Liability
In the event of copyright infringement, affected parties deserve full and fair compensation. However, in some cases, the party that is directly responsible for the infringement can be difficult to hold liable. They may be able to hide their identity or they may even operate in another country. Though, in many cases, the direct… Read More »
Defending a Trade Secret Misappropriation Allegation
Trade secret misappropriation can lead to very serious consequences. Your company might face a misappropriation claim for many reasons, from the careless actions of a single employee to a good faith misunderstanding or even simply because another business is taking illegitimate legal action. If you, or your company, has been accused of trade secret… Read More »
Florida Business Litigation: Lost Profits as Damages
A breach of contract, or any other type of business tort, can cause serious damage to a company. The affected business may not be able to operate at full capacity, or at all, for an extended period of time due to the bad actions of another party. In Florida, companies are entitled to recover… Read More »
Miami Marlins Involved in a Legal Dispute with Stadium Vendors
According to reporting from the Miami New Times, the Marlins, Miami’s professional baseball franchise, have had a hard time attracting fans this season. The poor attendance has led to conflict with some season ticket holders as well as some stadium vendors. Two vendors allege, in separate court cases, that their businesses have been harmed… Read More »
Can You Trust Franchise Growth Estimates?
A franchise allows an investor to replicate the business model of an already successful enterprise. When things go well, a franchise can be an excellent business opportunity. However, without proper planning, a franchise investment can also turn into a nightmare. Unfortunately, some franchisors attempt to attract investors by using unrealistic future growth projections and… Read More »
Make Sure Your Business Contracts Are Enforceable
When entering into a business deal, you need to know whether or not your agreement will be enforceable under Florida law. Believe it or not, some mutually agreed upon contracts are not valid under the law. If you are entering into a major business agreement, it is best to hire an experienced West Palm… Read More »
What You Need to Know About Electronically Stored Information (ESI)
Most important business information is now stored on a computer hard drive or on the internet. As a natural result, discovery in commercial litigation cases is increasingly centered around electronically stored information (ESI). For both plaintiffs and defendants, discovery is the foundation of effective litigation. If you are involved in a commercial dispute, you… Read More »
Hashtags Can Qualify for Trademark Protection
The Wall Street Journal recently posted a story about how companies are increasingly seeking trademark protection for hashtags. Hashtags are used on the internet, particularly social media, as a method of communication and information sorting. On some sites, such as Twitter, a hashtag is clickable and will sort all messages pertaining to a certain… Read More »
Limited Liability in Florida: What Is The ‘Corporate Veil’?
Limited liability is one of the biggest benefits that comes with forming your business as a corporation or as an LLC. Generally, limited liability will protect the personal assets of stakeholders of the corporation in the event that the business is sued. However, there are a few exceptions to the general rules of limited… Read More »
