Monthly Archives: August 2021
Disbarred Lawyer Found In Contempt Of Court In Long-Standing Civil RICO Claim
According to a report from the ABA Journal, Judge Loretta Preska of the United States District Court for the Southern District of New York has found disbarred lawyer Steven Donziger guilty of criminal contempt. A human rights attorney, Mr. Donziger failed to comply with court orders in a multi-million civil RICO lawsuit filed by… Read More »
What Is The Work For Hire Doctrine?
Imagine this: Your business needs a new logo. Perhaps a cute character, say, a rabbit that everybody will identify with your company product or brand would be great. You go to your executive vice president who happens to be an amateur graphic artist. He creates a great looking rabbit. So good, the rabbit is… Read More »
What Can And What Can’t Be Asked At Your Deposition?
If you are called to testify at deposition, you may have some concerns about what may be asked of you. This is not an easy question to answer. Unlike in the movies, and in some other states, generally in Florida, there is no judge at a deposition. That means that what happens at deposition… Read More »
Differences Between Member And Manager Managed LLCs
There are a number of benefits to starting an LLC over a traditional corporation. But once you opt for an LLC, the decision-making process isn’t over. You still need to decide whether you will be an LLC that is member or manager managed. First, it may help to understand that the owner of an… Read More »
What State Has Jurisdiction Over Shareholder Disputes?
Shareholder disputes can arise for a wide variety of different reasons. If you are considering filing a lawsuit as a shareholder—whether a direct claim or a derivative claim—it is imperative that you follow the proper filing procedures. This raises an important question: Where do you file a shareholder lawsuit? After all, many companies operate… Read More »
Partnership Disputes Over Profit Sharing
Partnership disputes can arise for many different reasons. As you may already suspect, a significant percentage of partnership disputes are focused on money. Business partners share profits in accordance with the specific terms of their partnership agreement. Unfortunately, in some cases, there can be disagreements over who is entitled to receive what. In this… Read More »
Florida Governor Signs New Restrictions On Telemarketing Calls
Telemarketing calls are a nuisance for many consumers and businesses in Florida and throughout the United States. According to data cited by the Federal Trade Commission (FTC), Americans receive an estimated 180 million unsolicited phone calls from telemarketing each day. On June 29th, 2021, Florida Governor Ron Desantis signed SB 1120 into law—a bill… 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 »
Errors In Closing Arguments Can Be Very Costly
In the closing arguments of a trial, especially a business law trial, lawyers have to balance two interests. On the one hand, a lawyer needs to be passionate, and speak in language that the average juror understands. The lawyer should use metaphors, and allegories that assist the juror in making interpretations of the evidence… Read More »
What Is A Letter Of Intent And Is It Enforceable?
In law and business, agreements to agree are more common than you may think. It may seem silly to have an agreement to agree on something later on—after all, how do you know what you will or won’t agree to later on, until you actually see what you are going to be asked to… Read More »