Monthly Archives: February 2022
Considerations To Include In Your Corporate Documents
Your corporate bylaws, operating agreements, or partnership agreements are the backbone of your business. They will tell you how various disputes will be handled. But often, people don’t look ahead to address things that could come up in the future. Of course, nobody has a crystal ball, and it’s impossible to account for every… Read More »
Drafting An Enforceable Arbitration Agreement
Whether it is a good idea or not to include an arbitration clause in your business contracts is an individual decision. You, along with your business law attorney, should consider your business, and weigh it against the pros and cons of arbitration, before making that decision. But once you’ve made the decision to require… Read More »
Will Your Case Get To Trial? Not If Summary Judgment Is Entered
When you file a business law case, you know you always have the option to settle the case. But if you don’t want to settle, your case will go to trial, where your case will be heard and decided by a judge or a jury. That is completely up to you, if you want… Read More »
Chewy.com Lawsuit Brings Up Unfair Competition Issues
In yet another example of how not to do business fairly and competitively, it seems that two online animal prescription companies are facing off in court over allegations of unfair competition. Once again, the lawsuit is a good example of the fine line between what can be fair and unfair competition. Two Veterinary Prescription… Read More »
Civil RICO Claims: How Are Treble Damages Calculated?
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the Florida Racketeer Influenced and Corrupt Organizations (RICO) Act are laws that bar racketeering activity. While you often hear both statutes associated with criminal matters, both the federal RICO Act and the Florida RICO Act allow for the filing of civil lawsuits to seek… Read More »
Shareholder Dispute: Appraisal Actions
By definition, minority shareholders are in a less advantageous position than those with majority control. Unfortunately, minority stakeholders in a business are sometimes mistreated. Majority shareholders, corporate officers, and corporate directors may even abuse their position of power. Appraisal rights are among the most important tools that minority shareholders can utilize to ensure that… Read More »
Can I Sue A Business Partner For Breach Of Contract In Florida?
Contracts are at the basis of most important commercial relationships. Parties are expected to live up to their promises. A breach of contract can cause serious financial harm to you and your business. It can be especially frustrating (and damaging) if that breach of contract comes from one of your own business partners. This… Read More »
What To Know About ‘Demand Futility’ And Shareholder Derivative Lawsuits In Florida
As of January 1st, 2020, the State of Florida modified its procedural requirements for shareholder derivative lawsuits. Plaintiffs in these cases must establish demand futility before they can proceed with legal action. This raises an important question: What is demand futility in a shareholder derivative lawsuit? In this article, our Miami shareholder dispute attorneys… Read More »
What Is Distracted Driving?
According to the National Highway Safety Administration (NHTSA), distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe… Read More »
Court Revives Civil RICO Lawsuit Against Major Consulting Firm
According to reporting from Bloomberg Law, Jay Alix, of New York City based financial services company AlixPartners, received a favorable decision in a civil RICO case in a federal appeals court. The United States District Court for the Southern District of New York has revived Mr. Alix’s federal civil RICO lawsuit against McKinsey &… Read More »
