Category Archives: Business Litigation
Religious Accommodations: What Do You Have to Do?
If you have employees, it is bound to happen: an employee will, at some point, ask you to make a religious accommodation for an employee at work. But do you have to do that? And how far do you have to go, in making such an accommodation? More Accommodation, Not Less The law is… Read More »
You’re Not in a Lawsuit: So Why Are You Being Asked for a Deposition?
If you are involved in a lawsuit as a party, you probably expect that you likely will be called to give testimony in a deposition. But what you don’t expect is the day that a process server shows up to your business with a subpoena for deposition, in a case that you seemingly have… Read More »
Breach of Contract Claims in Florida: What are Incidental Damages?
Through a breach of contract claim, the non-breaching party has the right to seek financial compensation for their damages. In Florida, a number of different types of damages may potentially be recoverable through a breach of contract claim. Incidental damages are one remedy in a contract dispute. Here, our Miami business litigation attorneys explain… Read More »
Five Affirmative Defenses to a Breach of Contract Claim in Florida
Is your company facing a lawsuit for a breach of contract in Florida? You have the right to raise a defense. Of course, one of the most straightforward defenses is that no breach ever occurred. There are other defenses that can be raised as well—including affirmative defenses that acknowledge that the contract was not… Read More »
Federal Court: Tesla Owners Require to Arbitrate Autopilot Case
According to a report from Reuters, a federal court in California has ruled that Tesla owners will be required to arbitrate their “autopilot” claims against the company. The court determined that a pre-dispute arbitration provision in the purchase contract is enforceable. Here, our West Palm Beach business arbitration lawyer provides an overview of the… Read More »
Do Business Partners Have the Right to Enter a Contract On Behalf of the Entire Partnership?
When you enter a business partnership, you need to be sure that you have the right partner. Business partners in Florida must put a great deal of faith in each other’s hands. You may be wondering: Can one business partner enter into a contract on behalf of the entire partnership? The short answer is… Read More »
How Can a Business Get Out of a Contract in Florida?
Is your business locked in a contract that is no longer favorable? There are a number of different reasons why this can happen—from changes in the objectives of your company to shifting of macro-economic conditions. This raises an important question: How does a business in Florida get out of an undesirable contract? In this… Read More »
Understanding Trade Dress Protection
You probably already know that distinctive slogans, words or phrases that are associated with your business, can be trademarked; you can protect your mark, and make sure nobody else uses it, thus ensuring that the general public doesn’t confuse your business with someone else’s. But you can trademark more than just a word, slogan… Read More »
Here’s What Partnerships Fight (and up in Court) About
A partnership can be a great way to start a business. One big benefit of a partnership is the sharing—you not only share in the profits and losses of the company, but you also share in the responsibilities. That means that each partner can do what he or she does best, to contribute to… Read More »
When Do You Have to Preserve Electronic Data?
Your business has—and erases—electronic data all the time. It may be employees just routinely deleting emails. Or your server routinely purging old files or emails. Or even video surveillance, that overwrites itself at certain times. But what you may not know is that by doing any of these things, you could get yourself into… Read More »
Winning Your Case and Getting Paid are Two Different Things
When you want to file a lawsuit, and you discuss it with your friends, colleagues, or attorneys, you will probably discuss primarily, whether you can win, and your chances of winning your case. What you may not discuss, but should, is whether or not if you win or settle your case, you’ll ever actually… Read More »
Tax Laws Can Help You Start That Business
Let’s say that you are starting a new business, and you have all the standard expenses that come with starting a new business. This is a huge expense—but you are comforted at least by the fact that those expenses are business expenses, or even losses, and thus, can be deducted from or written off… Read More »
Do You Own That Intellectual Property? You May Not
If you have a business, there may come a time when you need something creative done for the business. That may be a character, a graphic design, a flier, a logo, or a saying. And yes, you could hire an outside marketing or design or public relations company to do that work for you…. Read More »
Privileges: When Defamatory Statements are OK
Defamation is the general, broad term for both libel and slander, with the former representing written words, and the former, spoken words. But did you know there are times when you may defame someone, but you cannot be sued? These are called privileges, and there are times when some level of defamation is considered… Read More »
You Can Pull an Applicant’s Credit Report, But Be Very Careful
If you are looking to hire a new employee, you may want to get some information on that employee’s credit history. You can debate how much a credit tells you about whether the potential hire is trustworthy, or a hard worker, but whatever your reason, you are not alone; many employers in many different… Read More »
Handling Cease and Desist Letters
One day you open your mail, and there it is: a cease and desist letter. But what is a cease and desist letter? Do you have to follow what it requests? And will you owe money? What is a Cease and Desist Letter? At its core, a cease and desist letter is exactly what… Read More »
Business Litigation in Florida: What is a Material Breach of Contract?
When you enter a contract with another party, you do so with the intent that both sides will live up to their obligations under the agreement. If your counterpart fails to fulfill the contract, it can cause you and your company tangible damages. You may be entitled to compensation through a breach of contract… Read More »
It’s Not Why You Should Protect Trade Secrets–It’s How You Protect Them
Protect your trade secrets. It’s one of the most widely accepted practices in business. But while you may know why you protect your trade secrets, you may also be wondering—how do you protect your trade secrets? Trade secrets have a unique characteristic to them, when it comes to protecting them. The more you try… Read More »
Lawsuit With an Unlicensed Construction Professional? You Have Options
You have a significant construction project, and you hire a company that seems to be prepared to do the job. The job gets done, but there are problems with it. Bad workmanship. The job is incomplete. It isn’t up to specifications. Or any other number of problems. You want to sue, and then you… Read More »
When Third Parties Have Property, There Could be an Interpleader Action
Many times, two people have a dispute over money or property. That isn’t such a unique situation—in fact, it probably describes the majority of business related disputes. But sometimes there is an extra wrinkle in these kinds of cases: Neither party that claims ownership of the money or property, actually has that money or… Read More »