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The SAFE Banking Act and Cannabis: Why Banks Should Take Notice

December 3, 2019 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Regulated Industries Legal Blog

Although the attention of the political world is currently drawn to impeachment hearings and the countless nominees vying for the Democratic presidential nomination, Congress has still found time to work on a bill that would allow banking institutions to transact with cannabis businesses.  The SAFE (“Secure and Fair Enforcement”) Banking […]

The Professional Service Corporation: A Deeper Dive Into Florida Statute Chapter 621

November 26, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

The P.A., or P.L.L.C.  is a corporate structure specifically designed for various licensed professionals who wish to hang their shingle and start their own practice.  Fla. Stat. Ch. 621, also known as the Professional Service Corporation and Limited Liability Company Act proscribes certain benefits to those corporations and its members […]

Your Skin is a Canvas: Tattoo Parlors and the First Amendment

November 12, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and the First Amendment).  Very few local governments, property owners and […]

The Corporate Representative’s Deposition: Proper Preparation Prevents Poor Performance

September 30, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

As my high school baseball coach used to say, “proper preparation prevents poor performance.”  The saying is equally applicable in preparing for any deposition.  Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as the parties’ corporate representatives.  The focus of this article is […]

Prejudgment Writ of Attachment in Florida

September 18, 2019 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

The Motion and Affidavit for Prejudgment Writs of Attachment Normally, attachment occurs after a judgment has been entered by the court.  However, the trial court has the authority to order a writ of attachment to a debtor’s property prior to a final judgment order, and/or resolution of litigation.  Generally, prejudgment […]

The Servicemembers Civil Relief Act: An Introduction for Creditors

August 21, 2019 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Governmental Entities Industry Legal Blog

Northeast Florida has  some of the largest Naval bases in the country and many active duty military personnel call the area home. These servicemembers faces stresses that those of  us in civilian life will likely never encounter, such as long deployments overseas, or a change of station to another base […]

Three Contract Provisions a Small Business Cannot Live Without – From a Litigator’s Perspective, Part 4: Contractual Provisions (Prejudgment and Postjudgment Interest)

August 12, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment.  Many contracts provide for the recovery of interest, but very few provide for the recovery of postjudgment interest at the highest […]

Social Purpose Corporations and Benefit Corporations in Florida

August 6, 2019 Education Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Corporations that want to make a profit and, at the same time, act in a socially conscious manner can incorporate as Social Purpose Corporations (“SP Corp.”) or Benefit Corporations (“B Corp.”) under Florida law.  This type of structure can help steer and maintain the corporation’s goals, help with branding, and […]

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