The Florida Rules of Civil Procedure allow any party to request from another party production of relevant electronically stored information (“ESI”) if the ESI is in the custody and control of the producing party. Fla. R. Civ. P. 1.350. “Custody and control” not only includes desktop computers, but also mobile […]
Litigation can bring a lot of headaches for a business and the discovery process can certainly be one of them. The vast majority of the discovery process is dealing with a party’s electronically stored information, or “ESI.” Due to the times we live in, the amount of relevant electronic evidence […]
Businesses often do not learn that they are in violation of the Americans with Disabilities Act (ADA) until they are hit with a lawsuit from a disabled person. At that point, some business leaders think that it is too late to do anything to help minimize their liability. However, there […]
Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it. I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled customer or employee has a grievance (possibly of a dubious […]
Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]
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 going through an arbitration in a way they aren’t with […]
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. And by having an experienced contract law attorney in your […]
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. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law […]
Does your website have to be ADA compliant? 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 must make […]
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 or mistake or to deceive purchasers as to the source […]