Florida Business Litigation Blog
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
What Must Be Disclosed When Selling Residential Property In Florida?
Every state has different requirements for what must be disclosed when selling residential property. Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide. In … Read Full Post
Understanding The Process For Employee Sexual Harassment Claims
Frequently our clients ask us general questions regarding the day-to-day operations of their business. In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved … Read Full Post
Reasonable And Effective Non-Compete Clauses From The Employer’s Perspective
Specially trained employees are a valuable commodity in the business world, so keeping these skilled employees is of the utmost importance to employers. Many people have a skewed perspective of non-compete clauses as being unfair to the employee against whom … Read Full Post
Handling Delinquent Customers: Legal Action And Collection Methods, Part II
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 … Read Full Post
Business Judgment Rule – Shielding The Corporate Director From Personal Liability And Considerations Of Efficient And Financially Reasonable Resolutions
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, … Read Full Post
Been Caught Stealing: Expelling Or “Kicking Out” Members From Florida Limited Liability Companies When A Member Is Diverting Assets
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 … Read Full Post
New Florida Statute Provides Lenders With A Remedy In A Foreclosure Proceeding Against Borrowers Who Declare Bankruptcy
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 … Read Full Post