Florida Business Litigation Blog


Proceedings Supplementary To Florida Statute 56.29

Changes to supplementary procedures can be slight or dramatic. For Florida Statute 56.29, the redraft of the supplementary procedures fell in the latter camp. In this video presentation recorded by Jimerson Birr Partner D. Brad Hughes, there is an in-depth … Read Full Post

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Florida Construction Liens: Final Furnishing – Does It Include Change Order Work?

This blog is part of a series covering a critical component of a Florida construction lien—recording the claim of lien within 90 days’ of “final furnishing.”  Failing to record a claim of lien within the 90-day final-furnishing deadline renders the … Read Full Post

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Things to Look for When Buying Foreclosed Properties: Foreclosure Title Defects

Foreclosure sales can be a great find.  The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accepts less than the property’s face value.  However, with … Read Full Post

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How to Know if Your Website Needs to Be ADA Compliant in Florida

Title III of the American’s With Disabilities Act (“ADA”) provides that people shall not be discriminated against on the basis of disability in the “full and equal enjoyment” of goods, services, privileges, facilities or accommodations.  Under Title III, private businesses … Read Full Post

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What do Florida Employers Need to Know About Medical Marijuana Laws?

After multiple failed attempts, a medical marijuana amendment to the Florida Constitution overwhelmingly passed in November of 2016.  In response to the amendment, the Florida legislature passed Fla. Stat. § 381.986. While Florida previously had allowed medical marijuana for terminally … Read Full Post

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The Lanham Act, its Extraterritorial Reach, and How It Can Be Used to Protect Trademarks from Being Exploited Outside of the United States

As technology makes the word smaller, it becomes more and more important for companies to protect trademarks.  The Lanham Act (15 U.S.C. §1051) protects owners of registered trademarks from use in commerce by another that is “likely to cause confusion … Read Full Post

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Attorney’s Fees And Multipliers In Florida

The purpose of this article is to provide a general overview of Florida law on attorney’s fees and attorney’s fees multipliers.  The breadth of this topic is such that a comprehensive review of all aspects of attorney’s fees is not … Read Full Post

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The Business Judgment Rule: A Shield For Community Association Board Members and Directors

Disputes between community associations and their members are common.  These disputes may evolve into lawsuits.  In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages.  Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty. Read Full Post

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Your Guide to the most impactful 2018 Legislative Amendments to the Florida Statutes

by James O. Birr, III, Esq. and Hans C. Wahl, Esq. Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes.  Bills that pass both the Florida House and Senate go before the Governor who decides which … Read Full Post

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Accessing Navigable Water: Allocation of Riparian Rights Among Landowners

Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property.  Docking rights often are an area of dispute, not only for … Read Full Post

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