Category Archives: Business Litigation
Florida Law: What is a Foreign Limited Partnership?
A foreign limited partnership (LP) is a partnership that does business in Florida but that has a different home state. If your business partnership is domiciled in another jurisdiction and you are planning on doing business in Florida, it is imperative that you understand your rights and responsibilities. Under Florida law (Florida Statutes §… Read More »
How to Break an Impasse in Contract Negotiations
Contracts are the basis of most modern commercial relationships. A good agreement is worth its weight in gold. Not only will it clarify expectations, but it will protect your company in the unfortunate event that something goes wrong. Of course, it is not always so easy to get the right contract in place. Even… Read More »
Tips for Business Negotiations During the COVID-19 Pandemic: Force Majeure and Other Concepts
As the coronavirus (COVID-19) is having a tremendous impact on the economy and society across the globe, American companies are struggling with significant disruptions to business operations. Experts warn that millions of Americans could lose their jobs in a coronavirus recession. Companies across many industries are facing unprecedented challenges, and many may not survive… Read More »
Coronavirus as a Contractual Force Majeure Event
Whether you’re preparing one or signing one, there’s always a reason someone is going to push to include force majeure, sometimes known as the “Act of God” clause, on a contract. In the off chance there’s a hurricane or some other natural disaster, there will consistently be one party who wants to make sure… Read More »
Coronavirus (COVID-19) Outbreak: It May Be Time to Include a ‘Force Majeure’ Clause into Your Contract
As of March 14, 2020, there are over 140,000 confirmed cases of coronavirus (COVID-19), and more than 5,300 deaths related to the deadly virus, around the globe. On Friday, March 13, President Donald Trump declared a national emergency in response to the outbreak. Note: In the U.S., there have been over 1,600 confirmed cases… Read More »
Four Questions to Ask Yourself Before Signing a Non-Compete Agreement
A non-compete agreement is a contract in which at least one party agrees not to compete against the other for a pre-specified period of time. Many companies ask employees and contractors to sign non compete agreements. Assuming the contract is properly drafted and reasonably narrow, it can be enforced in Florida (Florida Statute §… Read More »
Manatee County School Board Awarded Nearly $300,000 to Cover Legal Fees in Contract Dispute With a Charter School
According to a report from the Sarasota Herald-Tribune, an administrative law judge has ruled that the Manatee County School Board is entitled to receive approximately $300,000 in legal fees and related costs in a dispute over the early termination of a contract. The case centers around a charter school operated by Lincoln Memorial Academy… Read More »
Changes to Florida Business Corporation Act in 2020: Everything You Need to Know
As a business owner in Florida, you have probably heard about the most recent changes to the Florida Business Corporation Act (FBCA). But do you actually know what has changed under House Bill 1009, effective January 1, 2020? Under HB 1009, nearly every section of the FBCA was revised. However, many revisions were intended… Read More »
Who Pays the Attorneys’ Fees? Understanding the ‘American Rule’
If you are considering bringing a lawsuit or if your company is being sued, it is normal to be worried about the possible cost of litigation. You may be wondering: Can I get the other party to pay my attorneys’ fees and legal costs? The answer is “it depends”—though it is certainly possible in… Read More »
How Does Arbitration Work in Business Litigation in Florida?
Many businesses choose to include arbitration clauses when signing a contract with other parties. Arbitration is a private process in which disputing parties agree that an arbitrator can settle their dispute after hearing arguments and reviewing evidence. Unlike in mediation, the neutral arbitrator in arbitration has the authority to make decisions about the dispute…. Read More »
