Category Archives: Commercial Litigation
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 »
Morgan Stanley Files $1 Billion Lawsuit Against Three “Break-Away” Advisors Who Started their Own Firm
According to reporting from City Wire, Morgan Stanley has filed a $1 billion lawsuit against three “break-away” financial advisors who purportedly left the broker-dealer to start their own firm. In this article, our Miami commercial litigation lawyer provides an overview of the case and highlights key things to know about the standard of liability… Read More »
What is Florida’s Materiality Requirement for Breach of Contract Claims?
A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally enforced contractual agreement. The non-breaching party has the right to pursue remedies following a breach. However, there are certain criteria that must be met to prove liability in a breach of contract claim—and in Florida, that… 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 »
Navigating Alternative Dispute Resolution in Commercial Litigation
In the realm of business litigation, the pursuit of justice through traditional courtroom battles can often be time-consuming, costly, and emotionally draining for all parties involved. As a result, Alternative Dispute Resolution (ADR) methods have gained prominence as efficient and effective alternatives to resolve disputes. ADR encompasses various mechanisms such as arbitration, mediation, negotiation,… Read More »
Why is Commercial Litigation so Common?
As experienced commercial litigation attorneys, we cover a variety of business disputes and issues, ranging from RICO claims to landlord and tenant disputes. Commercial litigation can seem like a broad term, but in general it refers to the legal process of resolving disputes and conflicts between businesses or companies through litigation in a court… Read More »
FACTA: Don’t Get Sued For What’s On Your Receipts
When you conduct a transaction with a customer or client, you probably give them a receipt, as you should. But can the simple act of giving a receipt get you into business trouble? Potentially, it can, under what is known as FACTS, or the Fair and Accurate Transactions Act. What is FACTA? FACTA has… Read More »
Copyright Infringement, Parody And The 1st Amendment
On one hand, we all know how important it is to respect others’ intellectual property. We know we can’t just use another company’s name, brand or login as our own, unless we want to get sued for copyright infringement. But the first amendment does protect our freedom of speech and we also know that… Read More »
Buy Now Pay Later Loans Could Be A Cause For Concern
Traditionally, when consumers or businesses needed credit, they were left to have to get credit through loans, credit cards, and other large lenders. But a new trend has emerged, in what is known as buy now pay later (BNPL). These hybrid types of loans can be tempting when your business needs a quick infusion… Read More »
Clawback Suits: Getting Sued In Bankruptcy When You’re Not In Bankruptcy
Neither you nor your business is filing for bankruptcy. You don’t offhand know anybody who is filing for bankruptcy. So how is it that you or your business has just been served with a lawsuit from a bankruptcy trustee? How did you get involved in a bankruptcy lawsuit without seemingly doing anything wrong? Clawback… Read More »
