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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: December 2018

Limiting Liability in Agreements: Exculpatory Provisions and Ambiguities

December 14, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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, and depending on the language of the risk shifting provision, […]

Vicinity of Insolvency: What Fiduciary Duties are Owed by Directors or Officers of Insolvent Entities When Going Out of Business?

December 12, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 act 1) in good faith, (2) with reasonable care and […]

Condominium Association Conflict of Interest and Required Disclosure

December 10, 2018 Community Association Industry Legal Blog

In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor.  Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of a conflict of interest. A director or an officer, or […]

Rule Enforcement Authority of Rules and Regulations made by a Community Association Board

December 3, 2018 Community Association Industry Legal Blog

The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members.  The creation and enforcement of an association’s rules and regulations are often areas of uncertainty and doubt for community […]

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