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Party Negotiated Preservation Orders: An Avenue for Cooperation and Resolution of Cases on the Merits

August 3, 2016 Professional Services Industry Legal Blog

Spoliation of relevant Electronically Stored Information (ESI) is a serious concern for litigants in both Federal and State court actions. Because of records retention measures that may be in place at an organization, such as automatic deletion of emails after a certain time period has elapsed, and because of litigants’ potential ignorance of their duty to preserve, it is prudent to seek avenues to ensure that both your own client and the opposing party are proactively preserving ESI from the onset of their duty to preserve.

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 […]

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