Monthly Archives: April 2018

Coming to Terms: Important Issues and Considerations in Drafting M&A Agreements — Part II: Representations, Warranties, and Disclosure Schedules

Last month, I posted a brief overview blog regarding the drafting and negotiating of the purchase and sale agreement in an M&A deal.  Then I began a series detailing three of the most important sections of the purchase and sale agreement: (1) the economics, (2) representations, warranties, and disclosure schedules, and (3) indemnification.  This blog on the representations, warranties, and disclosure schedules in the agreement will dive deeper into a complex part of the agreement. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

2018 Legislative Changes to the Florida Condominium Act

On March 23, 2018, Governor Rick Scott signed into law the 2018 legislative changes to the Florida Condominium Act.  These changes become law on July 1, 2018.  This blog post provides a detailed summary of these statutory amendments affecting Florida’s … Read Full Post

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Coming to Terms: Important Issues and Considerations in Drafting M&A Agreements — Part I: Economics

Probably the most important provision of the purchase and sale agreement considering the money is what drives the deal, the economic provision must be detailed and, written with specificity and accuracy. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Relevant Issues in Punitive Damage Claims in Business or Commercial Litigation

I initially wrote an Overview of Florida Law on Punitive Damages Claims in Business or Commercial Litigation a few years’ ago. This article is meant to build upon the information provided in my initial article. In Federal Court, there is no requirement to proffer evidence of punitive damages prior to seeking financial net worth discovery. It is really important to understand this concept because in Federal Court it is much more difficult to prevent financial discovery then in State Court. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

When Two Become One: Legal Considerations in the Mergers and Acquisitions Process Part VI: Negotiating and Drafting the Definitive Agreement

In the context of a sale or purchase of a company, the “definitive agreement” is usually an asset purchase or stock purchase agreement. The agreement is where many of the most important decisions are made, including pricing and payment. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Comfortably numb: What to consider when considering joining as an additional insured in a construction project

Construction worksites are frequently dangerous, and nobody wants to be on the hook for a subcontractor’s unsafe practices. It is increasingly common for construction contracts to require subcontractors to name general contractors as additional insureds in their insurance policies. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Florida Contractor’s Duty to Maintain Business Records

Many Florida contractors and license holders have a general understanding of the requirements of Chapter 489, however there are some requirements that seem to be neglected.  All too often, a contractor will “lose” or “destroy” project records prematurely.  This can … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

How do I get my attorney’s fees paid for on Florida public records requests?

Floridians have a clear right to public records. When agencies prevent someone from accessing public records, the person making the request is allowed to hire an attorney without worrying about the costs involved. The agency will have to reimburse parties for their attorney’s fees and costs incurred in exercising their constitutional right. Read Full Post

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An article every land owner should read to avoid getting sideways with their contractor

The last place land owners who have hired contractors want to end up is in court. Fortunately, most construction projects do not result in litigation. However, for the ones that do, it can be a costly and stressful ordeal. What follows are ten points that all Florida land owners should keep in mind to avoid getting sideways with their contractor. Read Full Post

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