Monthly Archives: May 2012

Dissolving a LLC Organized in Florida

By: Christopher M. Cobb, Esq. and Rachel Heidenberg, Candidate for Juris Doctor, May 2013

A Limited Liability Company (“LLC”) is a business entity structure which is allowed by Chapter 608, Florida Statute. As a result, what the statute creates, the statute can also take away. A LLC allows its owners (called Members), to have limited personal liability for the debts and actions of the LLC and is typically governed by an Operating Agreement. There are certain steps that must be taken to ensure that an LLC is properly dissolved. In Florida, there are three different ways that a LLC can be dissolved: (1) Administratively, (2) Voluntarily, and (3) Judicially. Below is a general discussion concerning methods for dissolution and additional considerations for dissolution. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

When Does a Standard Lender-Borrower Relationship Become a Fiduciary Relationship Imposing Extra Fiduciary Duties?

By: Charles B. Jimerson, Esq.

In order to state a cause of action in Florida for breach of fiduciary duty, there must exist a fiduciary duty, a breach thereof, and resulting damages. Gracey v. Eaker, 837 So. 2d 348,353 (Fla. 2002). In Doe v. Evans, 814 So.2d 370 (Fla. 2002), a fiduciary relationship was characterized as follows:
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CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Key Sources of Law in Federal Construction Contracting

By: Charles B. Jimerson, Esq.

Occasionally in our firm’s representation of construction companies, materials suppliers, services contractors and sureties, we will find ourselves embroiled in a local, state, or federal contracting dispute. These disputes are nuanced and procedurally driven, requiring knowledge of administrative and contract laws that at times overlap. Whether it is in the bid process, bid protests, post-contract compliance and administration, pricing adjustments or government contracting disputes, we have the experience to represent clients in a myriad of government contracting issues. In doing so, we are required to have an operational knowledge of how the following (among many others) key sources of federal contract law apply to our construction clientele who bid on and obtain contracts for federal projects:
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CATEGORY: Florida Construction Industry Law Blog Practice Areas:

The Bankruptcy Means Test and Its Interpretation by the U.S. Supreme Court

By: Kelly A. Karstaedt, Esq.

Prior to 2005, bankruptcy courts across the nation were plagued by fraudulent bankruptcy filings by individuals who just wanted to get rid of their debt, but who did not necessarily qualify for such relief. To deal with the overwhelming number of abusive bankruptcy actions, Congress passed into law an act that created a new system for curbing bankruptcy abuse and thereby alleviating many of these concerns. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: