Monthly Archives: August 2021
Shareholder Lawsuits In Florida: What Is The Business Judgment Rule?
Minority shareholders put an enormous amount of trust in the hands of corporate officers and corporate directors. When the people running a corporation abuse their power, it can cause serious damage to the shareholders. In certain circumstances, shareholders can file a lawsuit to seek compensation for their losses. That being said, there are limits… Read More »
Federal Court In Florida Denies Class Certification In FDUTPA Ticket Refund Case
Under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), consumers and businesses have the ability to hold defendants liable for damages caused by unjust commercial practices. Many FDUTPA claims are class action lawsuits—where the plaintiffs assert that a business or organization caused damage to many parties due to their deceptive or otherwise unfair… Read More »
Filing A Civil RICO Lawsuit: Know The Prima Facie Requirements
Are you considering filing a civil RICO lawsuit in Florida? If so, you will likely need to survive a motion to dismiss. A significant percentage of civil RICO claims are dismissed relatively quickly by state or federal courts due to the plaintiff’s failure to to state a prima facie case. In this blog post,… Read More »
Should Your Business Get An SBA Loan?
If you are a small business, you may have heard of the Small Business Administration (SBA). And if you are a business that may be looking for a cash infusion, you may be wondering whether an SBA loan is right for you. Who is Lending? Contrary to popular belief, when a business gets a… Read More »
Merchant Cash Advances And Invoice Factoring: Good Or Bad Ideas?
Your business is in need of money, but for a number of reasons, you don’t think a traditional loan is for you. But then you hear about something that doesn’t get a lot of publicity: Selling your future receivables (sometimes called merchant cash advances), or invoice factoring. What are these kinds of loans, and… Read More »
Workplace Injuries: Construction Falls
Construction workers have one of the most dangerous jobs on earth. One of the most common injuries sustained while on-site is falls. And unfortunately, they are often fatal. Federal safety rules aim to prevent workers from falling to their deaths, and the Occupational Safety and Health Administration (OSHA) routinely investigates and penalizes negligent employers,… Read More »
New Laws & Regulations For Bicyclists And Motorists In Effect
New regulations for bicyclists and motorists are now in effect with the passage of Senate Bill 950 as of July 1, 2021. According to the Palm Beach Transportation Planning Agency, the new laws enact the following: Defines the terms “bicycle lane” and “separated bicycle lane”; Provides requirements for a vehicle overtaking a bicycle or other… Read More »
How Arbitration Can Sometimes Hurt Businesses And Employers
It is generally accepted that for many businesses, arbitration agreements can be helpful, and avoid long or costly litigation. Many consumers and employee organizations fight against arbitration agreements, as they are seen as “pro-business” or “pro-employer.” To some extent this is true. Certainly, arbitration can expedite the resolution of a claim, lower the costs… Read More »
Partnership Disputes In Florida: Your Guide To Breach Of Fiduciary Duty Claims
A fiduciary duty is the highest standard of care in the American legal system. Investopedia defines a fiduciary simply as a person or organization with whom “trust, confidence, and reliance” has been placed on. This raises an important question: Do business partners owe each other a fiduciary duty? In Florida, the answer is “yes”—but… Read More »
Three Tips For Protecting Your Business From Class Action FDUTPA Claims
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a statute that protects consumers (and businesses) against commercial practices deemed to be deceptive, unfair, abusive, or unconscionable. In many cases, FDUTPA claims are class action lawsuits. A company found liable in a class action FDUTPA could face a significant financial burden. Here, our… Read More »
