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 »
