Category Archives: Commercial Litigation
Understanding the BFOQ Defense in Discrimination Cases
As a business, you probably are aware of the dangers of discriminating, whether as to race, health/disability, religion, gender, or nationality. But in some cases, in some industries, there may be some instances where you feel like you have to be a bit discriminatory—not in a mean way, but because your particular industry is… Read More »
Using Hold Harmless Agreements in Your Business Contracts
If you’re a business and you’re hoping to limit your legal exposure, or to at least have some control over any lawsuits brought against you, the use of exculpatory clauses or hold harmless agreements may accomplish that goal. But the last thing you want is false confidence—it’s important to make sure that the exculpatory… Read More »
The Basics of Judgment Collection: How Long and How to Do It?
When people are sued, you will often hear them say something like “let them sue me, they’ll never collect.” And while that may be true to some extent—some people really have nothing to collect—the question isn’t really what can be collected—it’s how long a judgment creditor has to collect on the judgment. How Long… Read More »
Understanding the Federal False Claims Act
You probably have heard of whistleblower lawsuits. But what exactly is “blowing the whistle,” and what does federal law say about the ability of people to report illegal theft or fraud being perpetrated against the US government? The False Claims Act The law is called the Federal False Claims Act, and while reporting any… Read More »
These are Often Overlooked, in Franchise Agreements
So you’re buying a franchise, and the franchisor has put in front of you a lengthy franchise agreement. You’re a pretty savvy businessperson, so you generally know what to look for, and how to read the franchise agreement. But there are some things in every franchise agreement that even the most experienced business people… Read More »
Asset Sale or Stock Purchase? It Makes a Difference
So you’re selling your business, or you’re buying one. But what is actually being bought or sold? Before you just say “the business,” you should be aware that there are two main ways that businesses are bought or sold, and they can have significant legal ramifications and differences. You can buy or sell a… Read More »
Breach of Contract: How are Contracts Interpreted in Florida?
Are you locked in a breach of contract dispute? Do you and the other party have a disagreement over the interpretation of the agreement? You may be wondering how contracts are interpreted by courts in Florida. Here, our Miami commercial litigation attorney explains the most important things you should know about contract interpretation in… Read More »
Breach of Contract Claims in Florida: How Do You Raise an Affirmative Defense?
Is your company being sued for a breach of contract? You may have a valid affirmative defense against the breach. The Legal Information Institute explains that an affirmative defense involves the raising of evidence that “if found to be credible, will negate criminal liability or civil liability, even if it is proven that the… Read More »
The Top Four Mistakes to Avoid If Your Company is Being Sued for a Breach of Contract
Contracts form the foundation of many modern commercial relationships. A contract is a legally binding agreement. A party can be sued for damages caused by a breach. Facing a breach of contract lawsuit can be stressful and frustrating. A proactive approach is key. Too many companies make errors in the early stages of litigation…. Read More »
Federal Regulatory Action and Florida Lawsuit Brings a Stop to Deceptive Practices By Chargebacks911
On November 7th 2023, the Federal Trade Commission (FTC) announced regulatory action to stop a company called Chargebacks911—a financial consultancy firm based in Clearwater, Florida—from engaging in deceptive and unfair commercial practices. Notably, Chargebacks911 was also sued for FDUTPA violations by the Florida Office of the Attorney General. Within this article, our Miami deceptive… Read More »