Skip to Content
Menu Toggle
subscribe to legal alerts

subscribe to our blogs

sign up now

connect with us

  1. Facebook
  2. twitter
  3. LinkedIn
  4. Youtube

Media Contacts

Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

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.

Recovery of Attorneys’ Fees – Part III: Common Law Exceptions that Provide for the Recovery of Attorneys’ Fees

June 3, 2016 Professional Services Industry Legal Blog

This blog post is part III in a series of blogs posts discussing the recovery of attorneys’ fees. Part I explored some considerations in the recovery of attorneys’ fees when the recovery is by virtue of a contractual provision. Part II discussed the statutory entitlement to fees and issues related to entitlement. This blog post will discuss common law exceptions to the general rule that generally requires a contractual or statutory basis for the recovery of attorneys’ fees. Specifically, this blog post will discuss four general common law exceptions that may provide a basis for the recovery of attorneys’ fees: (1) wrongful act doctrine; (2) inequitable conduct doctrine; (3) creation of a common fund; and (4) attempt to preserve assets in a trust.

Direct Action Versus Derivative Action: When Does an LLC Member Have Standing to Bring A Suit Against Another Member?

May 25, 2016 Professional Services Industry Legal Blog

If an LLC sustains a loss that causes the company to lose value, its members are never pleased. However, that loss is compounded when that member believes the loss was due to the tortious conduct of another LLC member. This scenario presents an interesting, and increasingly frequent, issue of Florida law: when does a member of an LLC have individual standing to bring suit against fellow members— i.e. a direct action—as opposed to having to file a derivative claim on behalf of the LLC?

You’re Being Sued – And Didn’t Know It

March 28, 2016 Professional Services Industry Legal Blog

No individual or business owner wants to be sued. But, that unfortunate situation is made even worse when news of being sued is followed by learning that, unbeknownst to you, the lawsuit was actually filed some time ago and you have had a “default” entered against you. Of the many questions that would surely race to your mind, the first are likely to be: what is a default? and how do I address the default?

The Five Most Common Ways to Pierce the Corporate Veil and Impose Personal Liability for Corporate Debts

March 2, 2016 Professional Services Industry Legal Blog

Many entrepreneurs create business entities to operate their businesses, to facilitate commercial ventures, and to shield themselves from personal liability.  The business maintains a separate and distinct identity from that of its owners or related entities.  However, the mere shell of a corporate structure is not always enough to avoid […]

Significant New Changes to the Rules of Discovery in Federal Court

February 15, 2016 Professional Services Industry Legal Blog

The recent amendments to the Federal Rules of Civil Procedure (the “FRCP”) became effective on December 1, 2015, and they govern all cases pending and commenced on and after that date. The changes impact several rules of the FRCP, including those governing early case management, the scope of discovery, and preservation of electronically stored information (“ESI”). These amendments will undoubtedly have an effect on civil litigation practice. Key changes were made to the overall scope of discovery in an effort to address the increasing costs and considerable expense of resources involved in the discovery process. This article focuses on the changes to the rules of discovery and how those changes may affect civil litigation practice.

we’re here to help

Contact Us