Category Archives: Commercial Litigation
Shareholder Vs. Shareholder: Individual Or Derivative Lawsuits?
As you may know, a shareholder can sue a company and its owners or directors, for mismanagement of the company, or for dereliction of their fiduciary duties to the company. But what about one shareholder or partner (in a partnership) suing another? Do those cases have to be brought as derivative actions—that is, on… Read More »
Who Owns That Intellectual Property? Depends On Whether It’s Work For Hire
It’s the company holiday party, or summer party, or a charity event. You ask someone to take some pictures of the event, to put it on your website, or on social media. That’s a great idea from a marketing standpoint. But have you thought about the copyright problems that may be involved with that?… Read More »
Being Dishonest Can Get You in Trouble Under FDUTPA
Honesty is a good thing in life. But is it illegal to be dishonest? Unfair? Deceptive? You may say that these are bad qualities to have, but not illegal. But in fact there is a law that makes just these types of business practices illegal. Florida’s Deceptive Trade Practices Act The law is Florida’s… Read More »
Handling Partnership Disputes in Florida
In business your partners are often your friends, or at least people that you have a somewhat amicable relationship with. Hopefully, that carries on throughout the partnership. But sometimes it doesn’t. Whether it’s the business that infects the personal relationship, or the other way around, sometimes things go bad in business partnerships. How do… Read More »
Do You Want a Remote Jury? Maybe Not.
Although the courthouse continues to function virtually for hearings and non-jury matters, one thing has changed as a result of the COVID 19 crisis: Jury trials. In-person jury selection and trials have ceased since the pandemic began. If you have a case where you would normally want or have the right to a jury… Read More »
Can I Just Call the Police to Evict My Tenant?
Let’s assume that you have a non-paying, or non-compliant tenant. You know that there is a legal process to evict that tenant. But you also think that the legal process takes too much time and money, and you need the tenant out, yesterday. Why not just call the police? After all, it’s your property,… Read More »
Are You Checking Consumers’ Credit? Be Careful!
In today’s world, credit is everything. If you are a business that loans money, hires people, rents property, or which needs to do any kind of background check, your first instinct may be to do a credit check. Whether credit is a reliable indicator of character is debatable. What is not debatable, is that… Read More »
What is a Quiet Enjoyment Clause in a Lease Agreement?
In almost every commercial lease, and to some extent, in residential leases, there is a provision called quiet enjoyment. This provision is often overlooked, and many landlords are not even aware what obligations that the provision puts on them, or what can happen when a tenant’s right to quiet enjoyment is breached. What is… Read More »
Do You Have a Right to Bring Your Service Animal Into a Business?
There is a big debate about service animals. On the one side there are people who insist that they are vital, and legal, and that having the animal assists them with a disability. On the other side are businesses that see the right to a service animal as being abused. Regardless of which side… Read More »
Is Your Business’ Website ADA Compliant and Does it Have to Be?
Many businesses are aware of the requirements of the Americans With Disabilities Act (ADA). However, many ADA modifications are done in the real world. What about online? Does a business have to make sure that their website or that any online commercial platform, is ADA compliant? Many Websites are Noncompliant If you think your… Read More »
