Monthly Archives: December 2023
Summary Judgment: You May Not Get Your Day in Court
If you have a business law case in court, you probably anticipate that if you want to, and if you don’t want to settle or drop the case beforehand, that you will have your case heard by a jury or at least a judge. After all, the legal system is designed so that all… Read More »
How to Make Your NDA Enforceable
Drafting a rock solid nondisclosure agreement can be vital to your business. It can be the difference between doing business safely, or having your important trade and business secrets, out in the open, for the public-and for competitors—to see and use. And with so many eyes (employees and contractors) on such sensitive information, an… Read More »
What is a Non Circumvention Agreement?
If you go into business with other people, whether in a partnership or some other business entity, the hope and assumption is that you are going into business with people you trust. That is, of course, not something to rely on—business agreements, contracts, bylaws, or management agreements are always vital in any business venture… Read More »
Breach of Contract Claims in Florida: How Do You Raise an Affirmative Defense?
Is your company being sued for a breach of contract? You may have a valid affirmative defense against the breach. The Legal Information Institute explains that an affirmative defense involves the raising of evidence that “if found to be credible, will negate criminal liability or civil liability, even if it is proven that the… Read More »
Can a Shareholder Hold a Corporate Liable for Excessive Executive Compensation?
How much should a corporation pay its executives? The answer is “it depends.” What constitutes appropriate compensation is highly case-specific. That being said, there are certainly some circumstances in which a corporation may pay its executives so much that it constitutes unreasonable excessive compensation. It could give rise to a claim by shareholders. Here,… Read More »
Florida Attorney General Files Civil Fraud Lawsuit Against Criminally-Charged Pool Company Owner—Multi-Million Dollar Fraud Case
According to a report from ABC 12 News, Florida Attorney General Ashley Moody has filed a civil fraud lawsuit against the owner of a now-defunct swimming pool company. That pool owner—George Galiszewski Jr. of Port St. Lucie—is already facing serious criminal charges. Mr. Galiszewski Jr. stands accused of defrauding more than 100 customers at… Read More »
Insurance Companies Can, and Do, Go Under-What Happens Next?
We rely on insurance not just in our daily lives, personally, but in our businesses as well. Insurance allows us to operate, allows us to live safely, and allows us to mitigate legal risk. But although we think of insurance companies as these unstoppable, invincible corporate figures, the truth is that insurance companies can,… Read More »
Understanding the Business Dispute Between Daryl Hall and John Oates
If you grew up in the 80s, or are a fan of 80s music, there is one duo whose music is so ubiquitous, that their songs almost define the attitude and style of that generation: Daryl Hall and John Oates. But despite the fact that the two paired to form some of the most… Read More »
How to Look Up a Florida Corporation with the State of Florida
Because we live in an age when buying things online is common—possibly, just as or more common than buying things in person—it has also become easier for scammers to take people’s money. Anybody with HTML skills or software, can create a website that looks legitimate. But how do you know when the company you… Read More »
Trademarking a Smell-It’s Difficult, but it Can be Done
Humans are visual creatures. And when it comes to intellectual property, be it copyrights or trademarks, we often think that IP is related to only what we can see. But our sense of smell tells us a lot also—and in fact, smell is so powerful that it is possible to actually trademark a scent… Read More »
Preparing a Non-Party Witness: What Can A Lawyer Say and Not Say?
In almost any business litigation case, there are witnesses that are not parties to the case—that is, they are not clients of the attorneys in the case. They are neutral bystanders or others who have some evidence relevant to the issues in the lawsuit. When they are going to be deposed, or even before… Read More »
Understanding Corporate Positions and Titles
When it comes to companies, there are a lot of titles and positions that are talked about. They are often interchangeable; even people savvy in the legal and business world, confuse them, or use them haphazardly. But titles in the business legal world do mean a lot, and have very specific legal meaning. Here’s… Read More »
The Top Four Mistakes to Avoid If Your Company is Being Sued for a Breach of Contract
Contracts form the foundation of many modern commercial relationships. A contract is a legally binding agreement. A party can be sued for damages caused by a breach. Facing a breach of contract lawsuit can be stressful and frustrating. A proactive approach is key. Too many companies make errors in the early stages of litigation…. Read More »
Shareholders Bring Massive Lawsuit Against NextEra Energy Inc. in Federal Court in Florida
According to a report, a group of shareholders have filed a massive lawsuit against a company called NextEra Energy Inc. in a federal court in Florida. With headquarters in Palm Beach County, NextEra Energy Inc. is one of the nation’s largest energy and infrastructure companies. It is being sued for losses of shareholder value… Read More »
Pharmaceutical Giant Brings Lawsuit Against “Semaglutide” Competitor
According to a report from The National Law Review, Novo Nordisk—the large pharmaceutical company that is based in Denmark—has filed a lawsuit against a competitor over the increasingly popular “semaglutide” weight loss drug. Among other things, Novo Nordisk alleges violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Here, our Miami FDUTPA… Read More »
FTC Takes Enforcement Action Against Maker of “Invisible Mask” Over False COVID-19 Protection Claims
Recently, the Federal Trade Commission (FTC) took enforcement action against four defendants that marketed a product called “Virus Buster Invisible Mask.” The FTC determined that the defendants made false and misleading representations about the degree of COVID-19 protection provided by the mask. Within this article, our Miami deceptive trade practices attorney provides a more… Read More »
Are Co-Owners of an LLC Considered Business Partners in Florida?
A limited liability company (LLC) is a type of business entity that combines some of the advantages offered by corporations (liability protection) and partnerships (pass through taxation). Technically, the owners of an LLC are referred to as “members” not “partners.” That being said, they still owe the company—and, often, each other—certain responsibilities. Here, our… Read More »
Shareholder Files Lawsuit Challenging UFC/WWE Merger
According to a report from Bloomberg Law News, a shareholder has filed a lawsuit challenging the proposed merger between Ultimate Fighting Championship (UFC) and World Wrestling Entertainment (WWE). The lawsuit—filed by a pension fund—alleges that executives of the companies engaged in a “sham” bidding process. Within this blog post, our Miami shareholder litigation lawyer… Read More »
Corporations and LLCs: What’s the Difference?
You probably know about companies that are actual Florida corporations, and companies that are Limited Liability Companies, or LLCs. But do you really know the difference? It may not seem to matter to you—until you’re the one looking to start a business, and you need to know which corporate structure is best for you…. Read More »
Do You Know Quid Pro Quo Harassment When You See It?
Your business would never sexually harass anyone. You know the rules, and you avoid breaking them. But there’s one form of sexual harassment that is harder to spot, and which often happens seemingly, at least at first, innocuously: Quid pro quo sexual harassment. And it could happen in your business, without you knowing it…. Read More »
