Monthly Archives: February 2024
It’s That Time of the Year: Reviewing Your Rental Agreements to Ensure a Smooth Spring Break
By: Jesse Fulton, Attorney As spring break approaches, many rental owners are busy preparing for the annual influx of snowbirds and spring breakers for the season. Aside from readying the actual property to be occupied, it is critical for landlords to meticulously review their rental agreements to ensure they are compliant and appropriately mitigate… Read More »
Considerations for Negotiating a Breach of Contract Settlement in Florida
A breach of contract case will not always end up in court. Quite the contrary, parties often have options available to settle a breach of contract case. Whether you are the alleged breacher or the non-breaching party, there are many potential benefits that can come with a settlement. Here, our Miami breach of contract… Read More »
Why Mediation is a Great Tool to Resolve Business Partnership Disputes
Are you locked in a dispute with a business partner? It can be stressful to try to find a solution. In many cases, mediation is the best course of action. The Florida Bar explains that mediation is a non-binding process where parties work together to resolve their dispute. Within this article, our Miami partnership… Read More »
Due Diligence for Your Business Investment
Andrew J. Boloy, Attorney Whether purchasing or investing in a business, thorough due diligence is one of the most significant aspects of protecting yourself during the process. While many business owners have the wisdom and knowledge to come up with a general value of the business through a proper accounting audit, are you sure… Read More »
Can You Compel Arbitration of an FDUTPA Claim in Florida?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law that allows consumers and businesses to seek compensation for losses caused by certain improper commercial activities. The law contains a private right of action—meaning consumers/businesses have the right to sue under the FDUTPA. This raises an important question: Can arbitration be… Read More »
“I’m Sorry” as a Legal Strategy – Does it Work?
In our personal relationships, we often are told of the value of saying “I’m sorry” when we do something wrong. But when it comes to our business transactions, we rarely do that, when in reality, it can often be an important and powerful negotiation technique. The Emotional Aspect of I’m Sorry When we are… Read More »
Common Intellectual Property Mistakes That Businesses Make
If you are a business, and your business isn’t related to intellectual property – copyrights, trademarks or patents—then IP issues, and particularly avoiding legal problems related to IP, may not be the first thing on your mind. But that’s how it happens; businesses that aren’t giving much thought or concern to IP issues, often… Read More »
The EEOC’s Role in Discrimination Lawsuits
Although all of us try to do our best not to discriminate, the fact is that often, accusations are leveled against your business even in the best of circumstances. And while you may have concerns when there is a lawsuit filed against you, that concern can be made worse when the Equal Employment Opportunity… Read More »
Contract Law: What is Severability?
When a contract is breached, it is generally assumed to be “void.” In other words, the breach of a contract by one party often frees the counterparty to get out of the deal and pursue available remedies. However, the reality can be more complicated. In some cases, contracts are “severable.” Severability is a legal… Read More »
Proposed Class Action FDUTPA Lawsuit: Combos Lack Adequate “Real Cheese”
According to a report from WFTV, a Florida man has filed a (proposed) class action lawsuit against Mars Inc—the multi-billion dollar food conglomerate—on the grounds that its “Combos” snack product does not actually contain adequate “real cheese” as indicated by the packaging. The complaint alleges a violation of the Florida Deceptive and Unfair Trade… Read More »
Shareholder Conflict: Delaware Judge Voids Elon Musk’s Tesla Compensation Plan
On January 31st, 2024, the Associated Press (AP) reported that a Delaware judge voided the Tesla compensation plan for Tesla CEO Elon Musk on the grounds that it is “excessive” and there constitutes a breach of fiduciary duty by the company’s Board of Directors. For his part, Elon Musk has stated his intent to… Read More »
Conflicts Between Corporate and Estate Planning Documents
It is a common scenario: A smart businessperson thinks ahead, and in corporate documents, like bylaws, or a management or partnership agreement, the issue of the death of an owner is addressed. The document clearly says what will happen when the owner or majority shareholder or managing member, passes away. The documents are drafted… Read More »
Contractual Frustration of Purpose: What Is It?
Often, there is an overriding, essential purpose to entering into a business contract. If a developer and a construction company agree to build a retail shopping plaza, the creation of a revenue generating property is the purpose. If a business and an IT company enter into a contract, fixing or maintaining computer systems or… Read More »
The Time Limit to File a Breach of Contract Case is More Complex Than You May Think
Every lawsuit has a time limit, within which you must file your lawsuit, or it is forever barred. That is called a statute of limitations. When it comes to the statute of limitations with contracts, the statute of limitations seems clear, but there are factual scenarios that can make the time limit more confusing… Read More »
Need an Expert Witness? Be Prepared for a Fight
Business trials use experts on a regular basis. But just because you call someone an expert – or they call themselves an expert – doesn’t mean that they necessarily are. Ultimately, that’s for a court to decide, and that’s a decision that the other side may have room to argue about. Who is an… Read More »
The Benefits of Having a Law Firm on Retainer
Ever hear people say that they have an attorney “on retainer?” Ever wonder if that may be a good arrangement or idea for your business? It just may have benefits that you weren’t even aware of. What Does it Mean to Hire or Have an Attorney On Retainer? Normally, when you get an attorney,… Read More »
Going to the Top: The Apex Doctrine in Business Litigation
If you are the president or CEO of your company, there may be a lot about the day to day operations of your company that you aren’t directly involved in. That’s to be expected; as a higher level executive you simply have no choice but to delegate a lot of the daily decision making…. Read More »
How to Figure Out Who is Responsible for the Debts of a Business Partnership?
Owning and operating a partnership is complicated. It is not uncommon for partnerships—whether general partnerships (GPs), limited partnerships (LPs), or limited liability partnerships (LLPs)—to incur some debt. This raises an important question: How do we determine who bears liability for a partnership’s debt? The answer depends on the specific circumstances—and the partnership agreement plays… Read More »
Business Law in Florida: What is a Registered Agent?
How do you set up a business in Florida? If you are going to set up a corporation or a limited liability company (LLC), then you will need a registered agent in the state. A registered agent is an individual that has been designated by the business to receive official legal documents. Here, our… Read More »
Social Media Policy Dos and Don’ts
It doesn’t matter what kind of business you have or what industry you are in: if you have employees, they are likely on some kind of social media. And because of that, your company needs a social media policy. But what to put into, or exclude, from that policy, is an important question, and… Read More »
