Florida Business Litigation Blog


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

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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

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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

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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

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“Small” Claim Doesn’t Mean An Unimportant Claim

Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it.  I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled … Read Full Post

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Handling Delinquent Customers: Legal Action and Collection Methods, Part I

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows.  This is an … Read Full Post

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Mortgage And Note Default: Avoiding Usury Allegations

Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant … Read Full Post

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Are Actual Fraudulent Transfer Judgments Dischargeable In Bankruptcy?

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, … Read Full Post

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Fraudulent Transfers 101: What You Need To Know When Following The Money Trail

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

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Magnuson-Moss Warranty Act And Arbitration Agreements

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect … Read Full Post

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