Tag Archives: Business Litigation

The Right To Blight – Charitable Donation Bins, Freedom Of Speech And The First Amendment

The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , ,

Florida’s Medical Marijuana Statute Deemed Unconstitutional – Again

On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida.  Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , , ,

Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities

In many business transactions, parties attempt to limit their liabilities and shift risk.  Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

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

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Where Is The Appropriate Venue To Litigate A 713.24 Transfer Bond?

The appropriate venue for litigating the foreclosure of a construction lien is obvious.  The appropriate venue must be the county in which the property is located.  Clearly, the county in which the property is located must issue the foreclosure judgment … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Understanding The Process For Employee Sexual Harassment Claims

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Reasonable And Effective Non-Compete Clauses From The Employer’s Perspective

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Handling Delinquent Customers: Legal Action And Collection Methods, Part II

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  This involves the effective and efficient handling of delinquent customers, including formal legal action and collection methods.  Part I of this blog … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

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

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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

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