Monthly Archives: October 2017

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

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

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

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 … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , , , ,

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

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

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

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

CATEGORY: Florida Business Litigation Blog Practice Areas:

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

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 … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

Eminent Domain Taking of Religious Institution In Florida

Nothing is sacred in a Florida Department of Transportation eminent domain proceeding, including a Religious institution that owns real property.  Religious institutions are not free from the government’s ability to take private property for any reasonably necessary public purpose. It … Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas:

Avoiding Shareholder Oppression Claims

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 and unfair treatment. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

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

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

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

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 neutrality. Disqualification is governed by rules and statutes, and attorneys in Florida are given a statutory right to disqualify judges if prejudice is feared. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,