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 »