Florida Business Litigation Blog



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

CATEGORY: blog, Florida Business Litigation Blog Practice Areas:

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

CATEGORY: blog, Florida Business Litigation Blog, Florida Construction Industry Law Blog Practice Areas: , ,

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

CATEGORY: blog, Florida Business Litigation Blog Practice Areas: , , ,

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.
Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas:

Benchwarmer Effect: The Sobering Reality of Coblentz Agreements

General rules, as we are all too familiar, are privy to exceptions. A general rule concerning settlement agreements is that only parties to the settlement agreement are bound by its terms. Necessarily, there are instances wherein a party not in privity to a settlement agreement is nevertheless bound. One such instance is when an insurer disregards its duty to defend its insured. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas:

Compensatory Damages Under Florida’s Uniform Fraudulent Transfers Act

Once the creditor obtains a decree from the court that the debtor made a fraudulent transfer, the creditor may collect on its claim under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”), which provides creditors with various remedies. See Charles B. Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable. While the fundamental remedy under FUFTA is to set aside a fraudulent transfer, creditors may be entitled to compensatory damages as well. However, like all remedies under FUFTA, compensatory damages may be limited, or even unavailable, due to the equitable principles underlying the Act. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas: ,

Not So Fast: Important Legal Considerations for Entrepreneurs Starting a New Business

Starting a new business can be both incredibly exciting and substantially stressful, and many entrepreneurs hastily begin business without considering many important legal considerations in starting up. However, with legal guidance and proper planning, starting a new business can be easy, effortless (sort of), and smooth. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas:

Can an Individual Be Served by Certified Mail in Federal Court?

Service of process is likely an issue about which many attorneys and parties don’t give much thought; it’s a standard procedure conducted hundreds if not thousands of times a day across the country, and is usually done through a professional process server. However, when attorneys deviate from the standard procedure of sending a lawsuit to a process server and allowing them to effectuate service, whether due to cost or strategic considerations, it is easy to run afoul of the Florida and Federal Rules of Civil Procedure. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas: ,

Elements of Proof for Fraudulent Transfers in Florida: How to Determine if a Transfer Was Fraudulent

Creditors may become frustrated when they discover a debtor has engaged in an unfair transaction that hampers their ability to collect payment. However, creditors are not without remedy in the event that there has been some funny business with the debtor’s finances. Regardless of the debtor’s intentions behind the questionable transaction, Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) permits courts to set aside transfers that are either actually or constructively fraudulent. Of course, many creditors and attorneys are aware that FUFTA is a “powerful remedy.” See Brandon C. Meadow’s in-depth article, Are Florida’s Fraudulent Transfer Claims Subject to Equitable Tolling? Yet many Florida attorneys may be unaware that a transfer was fraudulent until it is too late. Therefore, Florida attorneys must acquire a thorough understanding of FUFTA in order to ensure their clients’ interests are fully protected. This article provides guidance on establishing a prima facie case for both actual and constructive fraud under FUFTA. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas: ,

Fee Multipliers in Florida: The Basics

In a contingency case there are certain circumstances in which an attorney’s fee award can be increased through the use of a multiplier from 1.5 to 2.5.[1] Recent cases have limited the applicability of the use of a multiplier in Florida. However, careful navigation of the current case law gives some guidance of the types of cases in which a multiplier is appropriate and in which a multiplier is not appropriate. Read Full Post

CATEGORY: blog, Florida Business Litigation Blog Practice Areas: ,