Monthly Archives: January 2024
Getting Attorneys Fees: When Are You the “Prevailing Party?”
When you have a business dispute, or a potential one, one prevailing question is whether it’s worth it financially to go to court. After all, you’ll have to pay an attorney, and depending on the complexity of the case, paying an attorney can eat into the amount that you would win in court, even… Read More »
A Supplier Delivered Subpar Products—Is that a Breach of Contract?
Imagine that you enter into a contract with a supplier. The products arrive on-time and in the correct number as stipulated by the contact. However, upon inspection, you determine that the products are of unreasonably inferior quality. Can a supplier be held liable for breach of contract because of inferior products? The short answer… Read More »
Partnership Disputes in Florida: Can You Get Out of a Mandatory Arbitration Clause?
Arbitration is a private process that is an alternative to litigation. It is governed by the Florida Arbitration Code. A contract—including a partnership agreement—may call for the mandatory arbitration (forced arbitration) of a dispute. A mandatory arbitration clause in a partnership agreement is generally enforceable, but there are some exceptions. Within this article, our… Read More »
Preserving the Classics: Collector Car Insurance Policies and Legal Protections
The global Classic cars industry was estimated to be worth over $30 billion in 2021 and is expected to be worth over $50 billion by 2028, according to a report by Credence Research*. The value of these Classic cars requires a certain level of protection, therefore we turn to insurance coverage. When insuring such… Read More »
Meta Seeking Dismissal of Shareholder Lawsuit Against Corporate Directors
On December 20th, 2023, ABC News reported that Meta—the Silicon Valley-based social media giant—is seeking the dismissal of a shareholder lawsuit that was filed against several of its corporate directors. The lawsuit makes the relatively novel argument that officers at the Fortune 500 company owe duties not just to the corporation itself, but also… Read More »
New “Stop Woke” Act is on Hold for Now-But it Could Affect Your Business
In 2022, the State of Florida passed the “Stop Woke Act,” a law that is controversial, political, and which currently is making its way through the court system because of numerous challenges to its content. But regardless of what you think about it politically, if you’re a business owner, it is important to know… Read More »
Understanding the Parol Evidence Rule
Let’s say that you are in the process of negotiating a contract. You discuss it, get the contract, sign it, and you’re done. Except then there’s a problem: Something important that you discussed and agreed to, and which was supposed to be in the contract somehow didn’t make it into the agreement. But you… Read More »
Protecting Your Company’s Information When Employees Leave
In the course of an employee or contractor’s employment with you, that person will likely have access to many of your business’ most valuable assets. Everything from your processes and procedures, to your customer lists, to your software, to anything else that you may consider your “secret sauce.” One day, that employee’s employment with… Read More »
