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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Monthly Archives: October 2018

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

October 31, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 series discussed the importance of having a written collection policy […]

Business Judgment Rule – Shielding the Corporate Director From Personal Liability and Considerations of Efficient and Financially Reasonable Resolutions

October 29, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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, due care, and loyalty.  The directors’ fiduciary duties are codified […]

Disputes Regarding Interpretation of the Florida Building Code by Building Officials, The Florida Building Commission and Contractors

October 29, 2018 Construction Industry Legal Blog

Have a dispute regarding an interpretation of the Florida Building Code (the “Code”)?  Building officials in the State of Florida are given a lot of leeway in enforcing and interpreting the Code; however, there are mechanisms to keep them in check.  Read my blog concerning the processes, including Petitions for […]

Been Caught Stealing: Expelling or “Kicking Out” Members From Florida Limited Liability Companies When a Member is Diverting Assets

October 26, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 1999 and the passage of certain taxation legislation, LLCs are […]

New Florida Statute Provides Lenders with a Remedy in a Foreclosure Proceeding Against Borrowers who Declare Bankruptcy

October 24, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding.  Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a foreclosure proceeding when the borrower’s debt was discharged in a […]

5 Things You Need to Know About Obtaining Discovery From Mobile Electronic Devices

October 22, 2018 Communications & Media Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

The Florida Rules of Civil Procedure allow any party to request from another party production of relevant electronically stored information (“ESI”) if the ESI is in the custody and control of the producing party.  Fla. R. Civ. P. 1.350.  “Custody and control” not only includes desktop computers, but also mobile […]

When do Florida Companies Need to Start Preserving Electronic Evidence if a Dispute is Possible?

October 18, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Litigation can bring a lot of headaches for a business and the discovery process can certainly be one of them.  The vast majority of the discovery process is dealing with a party’s electronically stored information, or “ESI.”  Due to the times we live in, the amount of relevant electronic evidence […]

3 Main Considerations When Obtaining Assignments of Lawsuits or Judgments as a Judgment Collection Tool

October 17, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

Obtaining a judgment is only half the battle.  The victorious party still needs to collect on that judgment.  When garnishing bank accounts doesn’t work and assets aren’t readily available to seize, clever creditors attorneys have obtained the debtor’s interest in other litigation to help settle the outstanding debt.  The following […]

It’s Not Too Late: What to do After Your Business is Sued for Violating the ADA

October 16, 2018 Florida Business Litigation Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person.  At that point, some business leaders think that it is too late to do anything to help minimize their liability. However, there […]

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