Monthly Archives: October 2018

Handling Delinquent Customers: Legal Action And Collection Methods, Part II

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  This involves the effective and efficient handling of delinquent customers, including formal legal action and collection methods.  Part I of this blog … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Business Judgment Rule – Shielding The Corporate Director From Personal Liability And Considerations Of Efficient And Financially Reasonable Resolutions

The business judgment rule shields corporate directors from personal liability.  However, directors must not breach the fiduciary duties owed to the corporation.  Under Florida law, corporate directors owe fiduciary duties to the corporation and its shareholders, which requires good faith, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Disputes Regarding Interpretation Of The Florida Building Code By Building Officials, The Florida Building Commission And Contractors

Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)?  Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Been Caught Stealing: Expelling Or “Kicking Out” Members From Florida Limited Liability Companies When A Member Is Diverting Assets

Though Florida was one of the first states to enact legislation permitting the organization of limited liability companies (“LLC”), usage of LLCs as a corporate form is still a relatively new concept.  With the Florida Limited Liability Company Act of … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

New Florida Statute Provides Lenders With A Remedy In A Foreclosure Proceeding Against Borrowers Who Declare Bankruptcy

Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding.  Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

5 Things You Need To Know About Obtaining Discovery From Mobile Electronic Devices

The Florida Rules of Civil Procedure allow any party to request from another party production of relevant electronically stored information (“ESI”) if the ESI is in the custody and control of the producing party.  Fla. R. Civ. P. 1.350.  “Custody … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

When Do Florida Companies Need To Start Preserving Electronic Evidence If A Dispute Is Possible?

Litigation can bring a lot of headaches for a business and the discovery process can certainly be one of them.  The vast majority of the discovery process is dealing with a party’s electronically stored information, or “ESI.”  Due to the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

3 Main Considerations When Obtaining Assignments Of Lawsuits Or Judgments As A Judgment Collection Tool

Obtaining a judgment is only half the battle.  The victorious party still needs to collect on that judgment.  When garnishing bank accounts doesn’t work and assets aren’t readily available to seize, clever creditors attorneys have obtained the debtor’s interest in … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

It’s Not Too Late: What To Do After Your Business Is Sued For Violating The ADA

Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person.  At that point, some business leaders think that it is too late … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

How Do You Become A Certified Building Contractor In Florida?

The construction industry is booming again in Florida. As a result, many people are seeking to take advantage of this by becoming licensed contractors.  Chapter 489, Florida Statutes and 61G4-12 through 23, Florida Administrative Code sets forth the requirements for … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,