Florida Business Litigation Blog



What You See is Not Always What it Seems: Due Diligence in the Mergers & Acquisitions Process Part II –Financial Due Diligence

Previously, I wrote a blog highlighting a business purchaser’s need to do due diligence on its prospective target company.  As stated, the due diligence process can be split into three parts:  (1) legal; (2) financial; and (3) operational.  I began … Read Full Post

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Obtaining Fair Value for Buyouts in Close Corporations

By: Charles B. Jimerson, Esq. and Daniel Buchholz, JD Candidate Minority shareholders in a closely held corporation can find themselves in a difficult position if the majority shareholder engages in oppressive, fraudulent, or illegal conduct. (See Charles Jimerson’s blog post … Read Full Post

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Contracts in Florida: Do You Have The Right Venue Provision?

Contracts are an integral part of business transactions.  Indeed, businesses and their lawyers spend many hours preparing and negotiating contracts covering myriad issues.  Regardless of the type of business contract, it is imperative that parties clearly and succinctly state how … Read Full Post

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Contractual Language That May Successfully Limit Fraud Claims

Businessmen and women have been trying to eradicate fraud claims through contractual language since the beginning of Florida jurisprudence.  Historically, the attempt to “kill fraud claims with a contract” have been largely unsuccessful.  Essentially, an attempt to eliminate fraud via … Read Full Post

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What You See is Not Always What it Seems: Due Diligence in the Mergers & Acquisitions Process Part I – Legal Due Diligence

Buying a business is a risky endeavor.  What makes the process even more nerve-wracking is that a business is different from just about any other asset one can buy.  When one purchases a house, car, or other tangible product, a … Read Full Post

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When Two Become One: Legal Considerations in the Mergers & Acquisitions Process – Part V: Due Diligence

In June, I began a series of blogs regarding the most important legal considerations in the mergers and acquisition process.   The first blog discussed the mergers and acquisition process at a global level generally laying out the six most important … Read Full Post

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Avoiding Shareholder Oppression Claims

By: Charles B. Jimerson, Esq. and Daniel L. Buchholz, JD Candidate The controlling shareholder—i.e., the shareholder with a majority of the voting power— in a closely-held corporation has significant influence over the corporation’s management and affairs. As a result, minority … Read Full Post

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Real Property Claim for Ejectment in Florida

Sometimes it is necessary to remove someone from your property. There are a number of legal theories that involve someone entering upon real property and the claim that a landowner ultimately asserts depends on the relationship it has with the … Read Full Post

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I don’t recommend it, but this is what you must do to get a judge disqualified from your case in Florida

By: Charles B. Jimerson, Esq. and Francisco J. Rolon, J.D. Candidate Judges have an ethical obligation to be fair and impartial, but sometimes there are circumstances where attorneys are within their rights to move to disqualify judges to ensure judicial … Read Full Post

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Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid

In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29.  The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure.  In the recent past this created a lot of confusion … Read Full Post

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