Florida Business Litigation Blog



How to Prove a FDUTPA Claim and What Remedies are Available?

AN OVERVIEW OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT Part three of a three-part series By: Charles B. Jimerson, Esq., Sophie M. Hayashi, JD Candidate, and Daniel Buchholz, JD Candidate This post is Part Three of a Three-Part Florida … Read Full Post

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What conduct has been prevented under FDUTPA? Exploring the factual boundaries of successful FDUPTA claims.

AN OVERVIEW OF FLORIDA’S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT Part two of a three-part series By: Charles B. Jimerson, Esq. and Daniel L. Buchholz, JD Candidate The first article in this continuing series on Florida’s Deceptive and Unfair Trade … Read Full Post

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Statements from a Deceased Witness in Florida

Sometimes during the course of a disputed matter, you find out that one of the witnesses to the action is deceased.  This presents a problem for obvious reasons since that witness was not deposed in the case yet.  This situation … Read Full Post

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When Two Become One: Legal Considerations in the Mergers and Acquisitions Process – Part II

Part II: Engaging a Financial Advisor and the Drafting of the Engagement Letter By: Kayla A. Haines, MBA Last month, I began a seven-part series on the legal consideration for buying, selling, or merging businesses, in which I introduced the … Read Full Post

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Florida’s Seldom Used 3-Day Right of Rescission

By: D. Brad Hughes, Esq. and Hana Eldick, J.D. Candidate If you are a roofer, you are likely no stranger to the concept of providing materials and services over the course of several days; however, you are much less likely … Read Full Post

CATEGORY: Business, Florida Business Litigation Blog

When Two Become One: Legal Considerations in the Mergers and Acquisitions Process

Part I: Basic Overview of the Merger and Acquisition Process By:  Kayla A. Haines, Esq., MBA A primary goal for many start-ups and new businesses is to eventually sell the company, even if the founders intend to remain with the … Read Full Post

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The Apex Doctrine: An Update

This author recently addressed the issue of deposing high level corporate officers, also known as apex employees. That blog post pointed out that, while the federal courts and some state courts have specifically adopted what is known as the “apex doctrine”, Florida’s courts have not specifically done so; our courts mostly follow the tenets of the doctrine, but it has not specifically been adopted, and some courts decline to follow that principle. Read Full Post

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House Bill 377 Clarifies Date of Completion of the Contract for Statute of Repose—a Legislative Win for Contractors

On March 30, 2017, the Florida House of Representatives unanimously passed House Bill 377. The Bill is still working its way through the Senate, but has received a favorable response and is predicted to pass. If it becomes law, HB 377 will amend the construction defect statute of repose to clarify that the “date of completion of the contract” is the date that final payment becomes due. Read Full Post

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Is the LLC Right for your New Business?: Pros and Cons of Structuring Your Business as a Limited Liability Company

You have created your business plan and now you are ready to put your plan into motion and start your own company. The next step is to consider which business structure suits your business. A business can be structured as a sole-proprietorship, partnership, limited partnership, corporation, S-corporation, or a limited liability company. The limited liability company structure boasts many advantages, but also brings with it some disadvantages to consider. Read Full Post

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Rock, Paper, Scissors, Shoot: Deadlock-Breaking Mechanisms in Limited Liability Companies

A well thought out and properly drafted LLC operating agreement will deliver deadlock-breaking mechanisms that will aid the members of LLCs in avoiding the need for expensive, prolonged, and disrupting litigation. However, if the operating agreement fails to deliver deadlock-breaking mechanisms or these mechanisms fail, resorting to the judiciary and alternative dispute resolution offers members flexible substitutes to achieve a resolution through adversary proceedings.
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