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Dispute resolution provisions: What’s in your contract

January 26, 2023 Construction Industry, Professional Services Industry Legal Blog

Well-drafted business contacts contain all types of key provisions, ranging from payment terms, work to be performed, and how disputes are resolved.   When it comes to dispute resolution provisions in a business contract, those provisions should address where the dispute gets resolved (known as the forum or venue) and […]

Florida Limited Liability Companies: Six Key Considerations for the LLC Operating Agreement

January 24, 2023 Professional Services Industry Legal Blog

Are you thinking about forming a limited liability company (“LLC”) in the State of Florida?   If so, you should give strong consideration to having a written operating agreement in place to govern that LLC.  That agreement will serve as the play book for your company and reduce potential conflicts amongst […]

Overview of a Trust Beneficiary’s Remedies Under the Florida Trust Code for Breach of Trust

January 24, 2023 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust.  See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).  The Florida Trust Code defines a trust beneficiary as […]

Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls

January 20, 2023 Professional Services Industry Legal Blog

Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally […]

TCPA Litigation: Understanding the Safe Harbor Defense

January 18, 2023 Professional Services Industry Legal Blog

As technology advances, businesses have more options to employ big data and implement lost-cost marketing strategies in reaching customers and generating revenues. However, the Telephone Consumer Protection Act (“TCPA”) contains strict provisions to ensure that businesses are not abusing that technology and harming consumers with harassing telemarketing calls and texts. […]

Are Realtor Referral Sources Protectable Through Non-compete Agreements?

January 18, 2023 Professional Services Industry Legal Blog

Enforceability of Non-Compete Agreements In Florida, non-competition agreements are not enforceable, unless it is supported by the existence of one or more legitimate business interests. Section 542.335, Florida Statutes, governs the enforcement of a non-compete agreement, and it provides a list of business interests that would support enforceability. Specifically, the […]

Severance Agreements: Tips for Ensuring They Are Enforceable

December 30, 2022 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated.  However, there are restrictions on severance […]

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Charles B. Jimerson
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Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

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