Florida Business Litigation Blog
Wage Garnishment: Does Florida’s Head-of-Household Exemption Apply to Independent Contractor Income
Often, an entire household is dependent upon the wages earned by a single head-of-household. To protect the financial well-being of these dependents, the Florida legislature has exempted some of these wages from wage garnishment. However, Florida courts have struggled to … Read Full Post
Can A Bank Issue A Loan Secured By Its Own Stock?
On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida … Read Full Post
“As Is” And NO Warranty Provisions In Contracts: Are They Always Enforceable?
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 … Read Full Post
Quiet Enjoyment – What Landlords Need To Understand
Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for … Read Full Post
Exit Strategy: What Are Considerations For Preparing To Sell My Business?
Selling your business is one of the most important decisions you will ever make. The reasons for selling your business can vary. It can be a well planned event culminating decades of hard work, it can occur quickly due to … Read Full Post
Do OCC Guidelines And Regulations Governing The Conduct Of Banks In Loan Participation Transactions Impose An Obligation Upon The Purchasing Bank To Conduct An Independent Credit Analysis Of The Borrower?
As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the … Read Full Post
How OSHA Calculates Penalties
When OSHA issues a citation to employers for a workplace safety violation, the citation lists a proposed penalty. Much like a speeding ticket, the employer is not required to pay the penalty immediately and can contest the citation on a … Read Full Post
Florida’s Medical Marijuana Statute Deemed Unconstitutional – Again
On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida. Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the … Read Full Post
Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities
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, … Read Full Post
Vicinity of Insolvency: What fiduciary duties are owed by Directors or Officers of Insolvent Entities when going out of business?
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 … Read Full Post