Monthly Archives: November 2023
Computer Snooping Can Lead to Big Problems
We all know how sensitive the data that we post on social media is, or the data that we just keep stored in our computers or devices. That’s why when there is a dispute—be it a business dispute, a family law dispute, a probate dispute, or some other legal dispute-it can be really tempting… Read More »
Can a Party’s Failure to Reject (Silence) Be Sufficient to Form a Contract in Florida?
For a legally enforceable contract to be formed in Florida, there needs to be an officer, a meeting of the minds, and an acceptance. What if a party never actually responded with an affirmative written or verbal “yes.” Can a contract ever be formed in Florida based on failure to reject (silence)? It is… Read More »
Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911
On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »
Target Seeks Dismissal of Shareholder Lawsuit from Federal Judge in Florida
According to a report from Reuters, Target is seeking the dismissal of a shareholder lawsuit from a federal judge in Florida. The company is facing legal action from a shareholder over the fall out of its Pride-Month marketing campaign. The retailer argues that the shareholder lawsuit is politically motivated and that no violation of… Read More »
Morgan Stanley Files $1 Billion Lawsuit Against Three “Break-Away” Advisors Who Started their Own Firm
According to reporting from City Wire, Morgan Stanley has filed a $1 billion lawsuit against three “break-away” financial advisors who purportedly left the broker-dealer to start their own firm. In this article, our Miami commercial litigation lawyer provides an overview of the case and highlights key things to know about the standard of liability… Read More »
Can I Sue for a Business Partner for Failing to Devote Sufficient Time to the Business?
Business partners are teammates. For a business partnership to meet its full potential, all parties need to carry their weight. Typically, this means investing adequate resources into the business. You may be wondering: Do I have a claim against my business partner if they are not paying enough attention to the business? In Florida,… Read More »
The Importance of Timely Documenting Injuries in a Slip/Trip and Fall
By: Jesse Fulton This Thanksgiving, as we gather with loved ones, let’s also take a moment to consider safety. Slip and fall accidents can happen anywhere, even during the Black Friday rush. Whether it’s a public place, a sporting event, a workplace, or someone’s property, remember to report and document any incidents promptly. Protecting… Read More »
What People Get Wrong About Shareholder Derivative Lawsuits
There are two different types of shareholder lawsuits: 1) Direct actions and 2) Derivative actions. A derivative action is a type of legal claim through which a shareholder (or group of shareholders) seeks to take legal action on behalf of the corporation itself. Shareholder derivative actions are notoriously complex. Below, our West Palm Beach… Read More »
Handling Debts and Liabilities When You Purchase a Business
Let’s say that you want to purchase a business. It looks like a great business, and it does well, and has a good reputation. You really want to purchase this business. But there’s one thing about the business that you are concerned about buying: the liabilities. Different Kinds of Debts and Liabilities Liability can… Read More »
Religious Accommodations: What Do You Have to Do?
If you have employees, it is bound to happen: an employee will, at some point, ask you to make a religious accommodation for an employee at work. But do you have to do that? And how far do you have to go, in making such an accommodation? More Accommodation, Not Less The law is… Read More »
You’re Not in a Lawsuit: So Why Are You Being Asked for a Deposition?
If you are involved in a lawsuit as a party, you probably expect that you likely will be called to give testimony in a deposition. But what you don’t expect is the day that a process server shows up to your business with a subpoena for deposition, in a case that you seemingly have… Read More »
What is Florida’s Materiality Requirement for Breach of Contract Claims?
A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally enforced contractual agreement. The non-breaching party has the right to pursue remedies following a breach. However, there are certain criteria that must be met to prove liability in a breach of contract claim—and in Florida, that… Read More »
Four Reasons Why it is Risky to Operate a Partnership Without a Formal Written Agreement
A successful partnership should be built on a strong foundation. This is true for both personal and professional partnership. In Florida, a business partnership—whether a general partnership, limited partnership, or limited liability partnership—should be structured around a formal written agreement. It is risky to operate a business partnership without a partnership agreement. Here, our… Read More »
Walgreens Will Pay Nearly $200 Million to Settle Rite-Aid Shareholder Litigation
According to a report from Business Insurance, Walgreens has agreed to settle a shareholder lawsuit for nearly $200 million. The class action shareholder lawsuit was initially filed against the company back in 2017 by a group of Rite Aid Corp shareholders who accused top corporate executives at Walgreens of making material misrepresentations about the… Read More »
You Received an OSHA Complaint: Now What Do You Do?
You run a safe operation. You value the safety of your company, your property, and your workers. And then one day it happens: There is an accident at work, and the government, through the Occupational Safety Hazard Administration (OSHA) comes knocking at your door. You have an OSHA complaint. What do you do? The… Read More »
Can You Prevent Someone From Declaring for Bankruptcy?
If you enter into a business contract, you may have some concern about how to ensure that the other side complies with its end of the bargain. And while your contract can contain stiff financial penalties, you know that companies can and do, go out of business. You’re concerned, so you include a provision… Read More »
What is a Material Breach of a Contract?
You have a business contract, and that contract has terms and conditions. And if someone breaches any of those conditions, it is a breach of contract, and you can not only sue, but you may also be excused from performing under your end of the contract. Except not so fast. Not every breach of… Read More »
Federal Judge Declines to Dismiss Shareholder Lawsuit Against General Electric (GE)
According to a report from Reuters, a federal judge in New York State will allow a shareholder lawsuit against General Electric (GE) to proceed. The multinational conglomerate is facing a lawsuit from shareholders that allege that the company’s leadership knowingly and improperly concealed certain financial risks from investors. Here, our Miami shareholder litigation attorney… Read More »
Breach of Contract Claims in Florida: What are Incidental Damages?
Through a breach of contract claim, the non-breaching party has the right to seek financial compensation for their damages. In Florida, a number of different types of damages may potentially be recoverable through a breach of contract claim. Incidental damages are one remedy in a contract dispute. Here, our Miami business litigation attorneys explain… Read More »
Five Tips for Resolving a Partnership Dispute Through a Buyout
Are you involved in a difficult dispute with a business partner? There may be no reasonable path forward for both you and your partner to remain in the business. However, that does not mean that you need to resolve your issue through litigation. In some cases, negotiating a buyout can be a cost effective… Read More »
