Florida Business Litigation Blog
Lease Agreements: Beware of the Lease Renewal Language
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 … Read Full Post
Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements
Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post
The Fair Credit Reporting Act
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post
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