Monthly Archives: August 2023
Why Arbitration Awards Aren’t Often Vacated
A ruling by the Eleventh Circuit Court of Appeals last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures, reminds the legal world how difficult it is to have the grounds acknowledged that will vacate an arbitration decision. The case involved an international arbitration before the International… Read More »
Key Steps in the Commercial Litigation Process: From Filing to Resolution
Commercial litigation can be a complex and time-consuming process. Resolving legal disputes between businesses or individuals related to business matters through the court system should only be handled by experienced business litigation attorneys, as the litigation process can vary based on jurisdiction and the specifics of the case. However, it is important to understand… Read More »
Problems With Getting Current Employees to Sign Non Compete Agreements
Let’s say you are in a business or industry where noncompete agreements may benefit or protect you. You certainly know that noncompete agreements are legal, and you have a sense that most if not all of your employees would sign them if you asked (or required) them. The problem is that your employees are… Read More »
Understanding Important Terms in Your Commercial Lease
Signing a commercial lease can be one of the most important things that you do as a brick and mortar business. No matter what kind of business you are, a lease can make or break your business; it can increase expenses to the point that you cannot keep the doors open, and can keep… Read More »
Pre and Post Judgment Interest in Your Contracts Are Important to Have
If you go to court and a court awards you a dollar figure to compensate you for financial losses, it isn’t just the damages that stem from the contract that the court will award you. There is also something known as prejudgment interest. This kind of interest can add up, compensating you more fully… Read More »
Are You or Your Clients Handling Other People’s Credit? Watch Out for CROA
As attorneys, there are a number of situations when we may be called upon to assist consumers with their credit. You may have a client that is a victim of identity theft, and now has items on his or her credit that shouldn’t be there. Maybe you deal in real estate, and every now… Read More »
Recognizing a Hostile Work Environment in Your Workplace
When running a business or a workplace, you may already know to watch out for sexual harassment or discriminatory practices. But often, these things happen in what is known as a hostile work environment. This is a very particular type of harassment or discrimination, that can be hard for a business owner to identify—but… Read More »
Can You Prevent a Written Contract From Being Modified by a Later, Oral Agreement?
If you have a written contract, after that contract is entered into, it may seem that the contract is the final, definitive word on the rights, duties and obligations to that contract. But that’s not always the case, because what happens after the contract is entered into, can modify the terms of the otherwise… Read More »
Do You Have a Trademark? You Better Protect It
If you have a slogan, style, logo, or saying that is associated with your business, you may already know that to be fully protected, you need to trademark whatever it is that is unique to your business. And if you have already gone through the trademark process, congratulations—you’ve taken a big step to being… Read More »
Can You be Liable For Things Others Post on Your Website or Social Media?
If you have a website or an online presence, either your own or through social media, you want customer and client engagement. Discussions, comments and opinions can make you money online. But sometimes, people say things you may not want them to say. Specifically, they may defame other people. Can you be sued if… Read More »
What is Constructive Discharge and Could it Get You in Trouble?
If you have a business, you probably are somewhat aware of the situations where you don’t want to discriminate. But it does happen that for whatever reason, you may have an employee that, frankly, you just don’t like. Your Plan Let’s say you are concerned that firing an employee can get you in legal… Read More »
Navigating Alternative Dispute Resolution in Commercial Litigation
In the realm of business litigation, the pursuit of justice through traditional courtroom battles can often be time-consuming, costly, and emotionally draining for all parties involved. As a result, Alternative Dispute Resolution (ADR) methods have gained prominence as efficient and effective alternatives to resolve disputes. ADR encompasses various mechanisms such as arbitration, mediation, negotiation,… Read More »
Safeguarding Your Competitive Edge: Trade Secrets, Confidentiality, and Business Protection
In today’s competitive business landscape, maintaining a unique edge is paramount to success. One crucial element in preserving your competitive advantage is to safeguard your trade secrets and confidential information. So, what are trade secrets and confidentiality and why is it so imperative that you protect yours? Let’s discuss. Understanding Trade Secrets and Confidentiality… Read More »
We Do Not Agree On the Meaning Of Our Partnership Agreement—What are Our Options?
Every business partnership in Florida needs a well-drafted partnership agreement in place. The agreement is effectively a contract that helps to form the foundation of the business relationship, including setting up the rights and obligations of each business partner. Of course, even with a strong partnership agreement, disputes can still arise. What happens if… Read More »
Tentative Settlement: Apple and Shareholders Agree to Resolve “Batterygate” Case
According to a report from Bloomberg Law that was published on June 16th, 2023, Apple has reached a tentative agreement with its shareholders to resolve “batterygate.” The case was centered around a derivative lawsuit that was filed over an alleged Apple update that slowed down iPhones. The settlement still needs to be approved by… Read More »
Five Examples of Violations of the FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that prohibits businesses and other commercial entities from engaging in deception and other types of unfair trade practices. A consumer or business that suffers losses due to an FDUTPA violation can file a lawsuit to seek compensation. This raises an important… Read More »
Gap Prevails in Diversity-Related Shareholder Lawsuit—Significant Circuit Split Now Exists on Enforceability of Shareholder Derivative Forum Selection Clauses
According to a report from Reuters, Gap—the large San Francisco, CA based retail brand—has prevailed in a shareholder lawsuit over allegations that it breached its obligations to shareholders by making material misrepresentations about the level of racial diversity among members of its corporate leadership. Notably, the company won on a technical shareholder law matter…. Read More »
Supreme Court Issues Ruling in Key Shareholder Rights Case
According to a report from Bloomberg Law News, the Supreme Court of the United States issued an instructive ruling in the shareholder rights case of Slack Technologies, LLC v. Pirani. In partially overruling the Ninth Circuit Court of Appeals, the nation’s highest court limited the ability of shareholders to file certain lawsuits. Within this… Read More »
Essential Legal Considerations for Business Partnerships
Forming a business partnership can be a promising venture. The excitement of starting a new enterprise is considerable, however you must be careful. It is essential to lay a solid legal foundation to prevent potential conflicts and avoid any future litigation. The following are some of the most essential legal considerations for business partnerships:… Read More »
Business Fraud: Publishers Clearing House Required to Pay $18.5m to Consumers
Most generations above millennials are probably familiar with Publishers Clearing House (PCH). Famous for mailers with a message that “You May Have Already Won” millions of dollars presented in a way that looks like you actually won millions of dollars, PCH is not new to the deception game. However, this time, it will cost… Read More »
