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Monthly Archives: October 2017

Contracts in Florida: Do you Have the Right Venue Provision?

October 31, 2017 Professional Services Industry Legal Blog

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 and where any contractual disputes get resolved. Oftentimes, contracts contain […]

Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting

October 31, 2017 Construction Industry Legal Blog

The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of […]

Contractual Language That may Successfully Limit Fraud Claims

October 30, 2017 Insurance Industry Legal Blog, Professional Services Industry Legal Blog

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 contractual language requires the Court to reward either the non-diligent […]

What you see is not Always What it Seems: Due Diligence in the Mergers & Acquisitions Process Part I – Legal Due Diligence

October 24, 2017 Professional Services Industry Legal Blog

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 buyer usually knows what they are getting, can inspect the […]

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

October 23, 2017 Professional Services Industry Legal Blog

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 legal considerations in the process.  In the second blog of […]

The Disciplinary Process of a Certified Contractor in Florida: Part One

October 17, 2017 Construction Industry Legal Blog

All certified contractors must abide by the provisions of Chapter 489, Florida Statutes, which govern construction contracting.  The Department of Business and Professional Regulation (“Department”) is tasked with the responsibility of regulating the construction industry and disciplining the licensee for violations of Chapter 489, Florida Statutes.  Practically everyday, the Department […]

Avoiding Shareholder Oppression Claims

October 17, 2017 Professional Services Industry Legal Blog

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 shareholders—i.e., those without a controlling number of shares—in a closely-held corporation face unique risks from the controlling shareholder, such as oppression […]

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