Monthly Archives: February 2021
Supreme Court Makes it Easier to Trademark Website Names
As a general rule, generic names can’t be trademarked or copyrighted. This makes sense. If, for example, I were to name my company “Computers Inc.” I couldn’t copyright or trademark the word “computers,” thus preventing people from using it. This restriction also limits lawsuits, allows for the media to have freedom to use needed… Read More »
What is a Wrongful Death Suit?
On Jan. 26, 2020 a helicopter crash killed Kobe Bryant, his daughter and six other passengers heading to a girls’ basketball tournament. The National Transportation Safety Board has now come out to report that the pilot who crashed the helicopter made a series of poor decisions that led him to fly blindly into a… Read More »
Impossibility of Performance as a Defense to Breach of Contract
If you are sued under a contract that you couldn’t perform because it was impossible to do so, you may have a valid defense. But courts are wary of this defense, and it is important to know when it is truly impossible to comply with the terms of an agreement What is Impossibility? Impossibility… Read More »
Vehicle-Versus-Pedestrian Accidents
Most people assume that when a pedestrian is hit by a car, it is the driver of the vehicle’s fault and he or she will be held liable for the accident. Although that’s true in a majority of cases, it is not necessarily always the case. Drivers are required to yield to pedestrians at… Read More »
How to Voluntarily Dissolve or Liquidate a Partnership in Florida
There may come a day when it is time to end a business partnership. As voluntarily dissolving/liquidating a business is complicated, it is imperative that you take proper care to protect your financial interests. It is not uncommon for serious disputes to arise when partners are trying to wind down operations. Here, our Miami… Read More »
Shareholder Derivative Actions in Florida: What is Demand Futility?
A shareholder derivative action is a suit brought by a shareholder on behalf of the corporation. In most cases, the lawsuit is filed against a corporate officer, director, or other insider accused of misconduct. Shareholder derivative claims are complicated. There are strict rules and standards that must be satisfied to bring a successful shareholder… Read More »
How to Survive a Motion to Dismiss in a Civil RICO Case
Through a civil RICO lawsuit, you can hold another party responsible for losses related to an organized fraud scheme. There is a lot at stake in these cases: Under Florida’s RICO statute, a plaintiff can recover for up to three times the amount of their actual financial losses. Bringing a successful RICO claim is… Read More »
Oral Contracts are Enforceable…Sometimes….
If you want an agreement to be enforceable, put it in writing. That’s what they say, and it is certainly true. But contrary to what a lot of people believe, an agreement can be enforceable, even if it’s not in writing. Why A Writing is Better Of course, having something in writing is always… Read More »
When and How is an LLC Dissolved?
People often talk about starting a business, or how to get a business off the ground the right way. But many people aren’t aware of the process to dissolve a corporation—particularly a Limited Liability Company (LLC). Of course, failure to abide by simple state required filing guidelines can lead to the state dissolving your… Read More »
Is Your Non-Compete Agreement Enforceable?
Non-compete agreements are enforceable in Florida, and can be a valuable tool for you to protect your business. But not all non-competes are enforceable. One of the worst things that can happen is thinking you’re protected only to have a former employee or business partner be able to compete with you because your non-compete… Read More »
