Author Archives: Charles B. Jimerson, Esq.
Vicinity of Insolvency: What fiduciary duties are owed by Directors or Officers of Insolvent Entities when going out of business?
Any owner of a business should know that your directors and officers have certain duties to their respective entities, whether it is a corporation or a limited liability company (LLC). Under Florida law, specifically, directors and officers have duties to … Read Full Post
Frequently our clients ask us general questions regarding the day-to-day operations of their business. In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved … Read Full Post
Specially trained employees are a valuable commodity in the business world, so keeping these skilled employees is of the utmost importance to employers. Many people have a skewed perspective of non-compete clauses as being unfair to the employee against whom … Read Full Post
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
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
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
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
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
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
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of … Read Full Post