Category Archives: Commercial Litigation
Judge in Florida Denies ACC’s Motion to Dismiss Florida State University (FSU) Lawsuit
On April 9th, 2024, ESPN reported that a judge in Florida denied a motion to dismiss filed by the Atlantic Coast Conference (ACC). As such the Florida State University (FSU) lawsuit filed in the state—which is running concurrently to the ACC’s lawsuit against FSU in North Carolina—will be allowed to proceed. The court also… Read More »
Can You Get a Frivolous Lawsuit Against Your Business Dismissed?
Is your company facing a lawsuit? Whether from a vendor, supplier, customer, or employee, you have the right to defend your company against a legal claim. You may be wondering: Can you get a frivolous lawsuit dismissed? The answer is “yes”—but it will not happen on its own. Your company needs a proactive strategy… Read More »
Appellate Court Rules in Favor of Businesses Abruptly Shut Down By Local Government in Florida in Tax Dispute—Case Will Move Forward
According to a report from Bloomberg Law, a federal appellate court, the Eleventh Circuit Court of Appeals, has reversed a lower court’s dismissal of a lawsuit businesses filed against a local government in Florida. Lauderhill—a city in Broward County—had reportedly “abruptly” shut down businesses for delinquent taxes. The private businesses will not be allowed… Read More »
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 »
