Florida Business Litigation Blog
Arbitration Guide: Understanding The Process And Its Advantages
One of the biggest legal mysteries for non-lawyers, even for experienced and sophisticated businesspeople, is the process of arbitration. The term gets used a lot, but few actually know what the process entails, and most people are usually apprehensive about … Read Full Post
Collections Law: Necessary Steps To Perfect And Collect The Judgment
Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively … Read Full Post
The Bankruptcy Code: The Automatic Stay – How It Impacts Debtors, Creditors and Trustees
What happens when a debtor is granted an automatic stay in bankruptcy court? Essentially, it halts creditors and potential creditors from trying to collect pre-bankruptcy debts. However, there are exceptions which may be relevant to your case. This video presentation … Read Full Post
Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation
A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. … Read Full Post
How To Understand Purchase Money Security Interest Or PMSI And Other Categories Of Collateral That Are Excluded From A Collateral Lien
A collateral lien may exclude some categories of collateral. This is of particular concern if a piece of property changes from one category to another. In this video presentation, Charles B. Jimerson and two additional attorneys provide a thorough explanation of purchase … Read Full Post
Litigation Privilege: It’s Practical History, Development And Application To Litigation In Florida
The litigation privilege is a broad and absolute rule, but easy to misunderstand. Therefore, review of pertinent cases in Florida can provide some clarity on when it protects certain actions. In this video presentation recorded by Adam B. Edgecombe, he … Read Full Post
Deciding Whether To Sue For Injunction, And What Is The Process To Obtain Injunctive Relief
Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. … Read Full Post
Federal Miller Act – Staying Claims With Subcontractors Who Have A Payment Bond
Payment claims on federal construction projects often involve bond claims governed by the Miller Act. 40 U.S.C.§ 3131. General contractors on these construction projects must furnish a payment bond. The bond protects certain persons/entities supplying labor and materials, and carrying … Read Full Post
Fraudulent Transfer Remedies & Defenses Under FUFTA
There are fraudulent transfer remedies available to creditors, whether their claims are liquidated, mature or immature. But what fraudulent transfer defenses are likely, for debtors or creditors alike? Asset protection professionals involved with estates and trusts grapple with understanding these … Read Full Post
Recommendations For How To Avoid A Consumer Protection Violation
Many laws have been passed in both the United States and the State of Florida to protect the rights of consumers. As a result, it is incumbent on you to apply policies in your organization to avoid a consumer protection … Read Full Post