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Author: James O. Birr, III, Esq.

Cyber Crime and Computer Fraud Insurance: Is Your Business Covered?

March 24, 2020 Florida Business Litigation Blog, Insurance Industry Legal Blog, Technology Industry Legal Blog

In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company.  Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these cyber crimes is to have the appropriate information technology and […]

The Corporate Representative’s Deposition: Proper Preparation Prevents Poor Performance

September 30, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

As my high school baseball coach used to say, “proper preparation prevents poor performance.”  The saying is equally applicable in preparing for any deposition.  Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as the parties’ corporate representatives.  The focus of this article is […]

Spoliation of Evidence: When Does an Individual or Business Have an Obligation to Preserve Evidence?

July 31, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

When litigation arises, parties to that litigation need evidence to prove their cases.  In many instances, non-parties may have documentary evidence to support and/or refute the litigants’ positions in that lawsuit.  But, what is a non-party’s obligation to preserve evidence and not be the subject of a claim for spoliation […]

Real Property Purchase and Sale Agreements: Beware of the Notice Provisions

June 5, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided.  Of course, parties to such agreements must read and understand their material terms and failing to strictly comply with material […]

Lease Agreements: Beware of the Lease Renewal Language

May 9, 2019 Community Association Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires.  These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent.  In some instances, the leases may automatically renew.  In any case, the terms of the lease renewal require certainty […]

“As is” and no Warranty Provisions in Contracts: Are They Always Enforceable?

April 3, 2019 Florida Business Litigation Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may also include language that the seller of the property is […]

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