Florida Business Litigation Blog



Your Guide to the most impactful 2018 Legislative Amendments to the Florida Statutes

by James O. Birr, III, Esq. and Hans C. Wahl, Esq. Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes.  Bills that pass both the Florida House and Senate go before the Governor who decides which … Read Full Post

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Accessing Navigable Water: Allocation of Riparian Rights Among Landowners

Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property.  Docking rights often are an area of dispute, not only for … Read Full Post

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Understanding Your Options: Three Types Of Tenant Option To Purchase That May Be Included In Commercial Leases

Many landlords are reluctant to grant tenant option to purchase in a lease agreement. That’s because the  options may disincentivize other potential buyers or cause delays in the landlord’s negotiation of a sale.  Still, landlords may grant options to purchase … Read Full Post

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

The indemnification provisions are among the most heavily negotiated portions of a purchase agreement, yet business owners may be tempted into thinking they are simply something lawyers like to argue over without realizing their importance.  The indemnification provisions deal with … Read Full Post

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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

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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

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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

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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

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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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Commercial Evictions in Florida: What No Landlord Wants to Go Through, but What Every Landlord Needs to Know, Part 2: Filing the Complaint

Having been served with a notice of default, a tenant then has three days to cure a breach for failure to pay rent and fifteen days to cure a nonmonetary breach, unless the parties’ lease provides different timeframes. If the tenant subsequently fails to cure the breach, the landlord must then file suit for eviction. Read Full Post

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