Category Archives: Business Litigation
Breach of Contract Claims: Equitable Relief
When a contract is violated, the non-breaching party may have a legal claim. In Florida, the primary remedy in a breach of contract case is financial compensation. However, in some cases, an equitable remedy may also be available. The Legal Information Institute explains that equitable relief in a breach of contract claim refers to… 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 »
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 »
