Category Archives: Commercial Litigation
Paying Employees for Initial Training and Job Interviews
It would be nice if we lived in a world where we hired employees, and they not only knew how to do the job from day 1, but they knew everything there is to know about your business and how it runs, from day 1. But the reality is that even if you hire… Read More »
Making Your Liquidated Damages Clause Legal and Enforceable
If you’re drafting a contract, there is always the uncertainty of, if the other side breaches the agreement, what your damages will be. In some cases, it’s clear, but in other cases, it’s not so clear. In fact, there are some scenarios where you know that you would be financially harmed in the event… Read More »
Don’t be Deceptive or Misrepresent Anything to Consumers
When we were younger and on the playground with our friends, and believed we may have been wronged, we would often yell, “that’s not fair!” As simple as that sounds, it actually is almost the basis for a very powerful law that can affect your business, if someone feels that you didn’t treat them… Read More »
What is a Litigation Attorney-and Do You Need One?
“We’re litigators!” You’ve probably heard attorneys say that. But what exactly does that mean, in the business law context — and what is the difference between a “litigation attorney” and “non-litigation attorneys,” and which is better for your business? No Real Definitions First, neither the Florida Bar, nor the American legal system, specifically defines… Read More »
Could This Infringement Case Cut off Internet Access for Millions?
The Supreme Court is set to hear a case that, depending on how the Court decides, could potentially end the internet as we know it. At least, that’s what one of the parties in the case is arguing before the Supreme Court, which is set to determine liability for alleged copyright infringement actions. Are… Read More »
Hidden Problems in Commercial Leases
If you’re signing or negotiating a commercial lease, you probably look out for the typical, more obvious issues. How much you will pay, the term of the lease, and what is and what is not allowed on the property. But many commercial leases have much less obvious “poison pills” or provisions in the lease… Read More »
Keeping Your Business Safe From Injury Liability Claims
If you have a physical business where people are coming onto your property to shop, eat or otherwise conduct any commercial transactions, you need to be somewhat concerned about injury liability, the possibility that someone could injure themselves on your property, or otherwise could claim they were injured because of something you did or… Read More »
Who Repairs What? Problems in Commercial Leases
Unlike residential leases, many commercial leases put a much greater responsibility on tenants for the maintenance, repair, and upkeep of the property than they do landlords. When it comes to the property that you are leasing, in many ways, it’s kind of like you own the place: you’ll have to fix it or take… Read More »
Usurious Mistakes Can Cost You a Lot of Money
Let’s say that you are lending money or letting someone borrow money, or that borrowing is some component of your regular business model. It’s easy to just look up Florida law to see what the maximum legal interest rate is, to avoid having a usurious loan. But that isn’t the end of the story;… Read More »
What is the Duty to Defend Under an Insurance Policy?
When you get insurance, that insurance is sometimes there to insulate or protect or indemnify you from liability or lawsuits. Everything from liability insurance for your property, to errors and omissions to insurance protecting you from things you do in your official capacity in your business are all there to protect you in the… Read More »