Monthly Archives: June 2021
How Dog Ownership Can Affect Homeowners Insurance
According to the American Pet Products Association’s 2019-2020 Pet Owners Survey, about 63 million households across the United States own at least one dog. The American Veterinary Medical Association reports that with an estimated population of nearly 85 million dogs living in U.S. households, millions of people—most of them children—are bitten by dogs every year. The Insurance Information… Read More »
Whistleblowers In Florida Are Protected
You are at work, and you see someone that you work for do something illegal. Or maybe you just observe something illegal. Maybe not anything that you consider serious—perhaps immigration fraud, cooking financial books, trying to avoid OSHA regulations, or violating a government regulation. You know you should say something, but you’re afraid. What… Read More »
The Risks Of A BYOD Policy
When you were in college, you may remember those “BYOB” parties. Bringing your own beer was a sign of a party. Today, businesses have their own version of this phrase – BYOD, meaning Bring Your Own Device. Letting employees use their own devices—phones or tablets—to do company work has a lot of benefits. But… Read More »
How To Handle The Deposition Of A Corporate Representative
When a company is sued, the suing party is entitled to depose the person with the most knowledge of the facts of the case. It is up to the company (or the company’s lawyer) to determine who that person is, and to designate the person who does, in fact, have the most knowledge of… Read More »
Civil RICO Liability: Forced Divestiture, Dissolution Or Reorganization
The Racketeer Influenced & Corrupt Organization Act (RICO Act) contains civil provisions. A civil RICO lawsuit may be filed by an individual, private company, or a government agency. One of the most notable things about civil RICO litigation is that plaintiffs can obtain treble damages. Defendants could face significant financial liability if they lose… Read More »
Florida’s Deceptive And Unfair Trade Practices Act (FDUTPA): Bait And Switch Schemes
Passed into law in the 1970s, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is our state’s counterpart to the Federal Trade Commission Act (FTC Act). The FDUTPA is an effective tool for consumers and businesses that have suffered losses due to deceptive and otherwise unfair commercial practices. In applying the state law,… Read More »
Partnership Disputes And Mandatory Arbitration: What Business Owners Need To Know
Business partners can end up in a conflict for a wide range of different reasons. If a dispute does arise, you need to carefully review your partnership agreement. The agreement provides the sources of your rights and responsibilities. In many cases, partnership agreements include forced arbitration provisions. In Florida, forced arbitration clauses are generally… Read More »
Who Is Signing Your Arbitration Agreements?
An arbitration clause can have real benefits for a business. They are included in many different kinds of contracts, and many businesses find these clauses helpful in limiting potential liability. Arbitration clauses can do a number of things such as: Lowering the time and expense of litigation Discouraging lawsuits and litigation Taking complex or… Read More »
Words Have Meaning: You Could Be Creating An Express Warranty
When your business sells a product, you may make a lot of representations about the product. You may talk about how long the product will last, how well it will perform, or tout its qualities and attributes. But what you may not realize is that what you are also doing is creating an express… Read More »
What Is A Fraud In The Inducement Claim?
As a general rule, when there is a promise or representation made before a contract is entered into and that representation doesn’t make it into the written contract the representation is not enforceable. It is assumed that the parties knew about the representation, and opted to omit it from the subsequent written contract. But… Read More »
