Category Archives: Commercial Litigation
Things to Know About Cybercrime Insurance Policies
Yes, we know: The last thing in the world that you probably want your business to have to pay for is yet another insurance policy for yet another kind of loss. But before you say no, take a moment to consider cyber fraud or cybercrime insurance policies. You live in a world of phishing,… Read More »
Supreme Court to Rule on Reverse Discrimination Case
Both federal and state laws prohibit discrimination at work against what are known as protected classes. Protected classes generally are those people who have, historically, been seen as minority groups or who have historically faced discrimination. Any harassment, discrimination or separate, negative treatment of people in those classes is illegal. What About Reverse Discrimination?… Read More »
What is the Duty of Loyalty?
If you are an officer, director or an officer of a company, you know that you have an obligation to the company and its shareholders to do a good job. But your obligations go much farther than that. The Duty of Care You generally have two major obligations to the company when it comes… Read More »
The Pros and Cons of Opportunity to Cure Provisions in Contracts
When it comes to a breach of contract, the process may seem simple and straightforward. You have a contract. There is a breach, or violation of the terms of the agreement. And then the non-breaching party sues for breach of contract. Of course, it is more complex than that. One way it can get… Read More »
Are Stay or Pay Clauses or Contracts Legal?
Although the Department of Labor banned the use of noncompete agreements, their legality is still up in the air, what with the numerous challenges to the ban being brought through courts and with some courts upholding and some rejecting the ban. But amidst all the uncertainty, many employers have looked for other ways to… Read More »
Who Owns What You Post on Social Media?
If you stop to think about it, we tend to post a lot of intellectual property on the internet, if you are involved in social media to any extent. Whether for personal reasons, or for commercial marketing purposes, our words, pictures, ideas—almost any content that we create on our own is intellectual property and… Read More »
Understanding Florida’s Right of Publicity Laws
When you think of the things or property that you own, you may think of your personal property, your money, or maybe your intellectual property. But what about the things that make you who you are—your image, your likeness, or your name? Like any other property, these things belong to you. And while they… Read More »
Drafting Considerations for Force Majeure Provisions in Contracts
If you are reviewing, drafting or signing a business contract, there’s a good chance that a force majeure provision may be in that contract. That’s a provision that you should know and understand before you either sign a contract with that provision in it, or you draft one that includes a force majeure provision…. Read More »
Understanding the Line Between Puffery and False Advertising
Ever see or perhaps use yourself, slogans or phrases like these, to advertise your business or service? “We’re the best company in the world!” “Our pizza will make you desperate for more!” “We can build you the home of your dreams!” “Our doctors are the best in town!” When you published or used these… Read More »
Do You Need an Attorney to Start a New Business?
If you are starting a new business, you may be inclined to try to cut some time and costs, and do it on your own. While on the surface that may seem appealing, it is ultimately not a very good idea. Starting it Online Legally, you can start a business on your own, without… Read More »