Skip to Content
Menu Toggle

Protecting Your Business From the Florida Deceptive and Unfair Trade Practices Act or Other Consumer Class Action Claims

June 11, 2015 Professional Services Industry Legal Blog

An agreement to arbitrate, which contains a class action waiver, can be an effective tool to help prevent small or moderate consumer claims from becoming class action lawsuits. Class consumer litigation, particularly that utilizing the Florida Deceptive and Unfair Trade Practices Act (hereinafter “FDUTPA”), has become en vogue over the last several years. As these types of class claims become more popular, it is more important to properly protect your business with well drafted agreements. It is also important to ensure that none of your agreements, if multiple agreements are necessary to complete a transaction, have conflicting terms.

Florida’s Revised Arbitration Code

April 24, 2015 Professional Services Industry Legal Blog

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
In 2013, the Florida Arbitration Code was amended and is now known as the “Revised Florida Arbitration Code” (“RFAC”). RFAC applies to all agreements to arbitrate that were made on or after July 1, 2013. Arbitration agreements entered into before July 1, 2013, may be subject to RFAC if all parties consent to RFAC’s application. Beginning July 1, 2016, an agreement to arbitrate, regardless of its date, will be subject to RFAC. Section 682.013, Florida Statutes (2014).

Recovering Attorneys’ Fees in Litigation: How to Avoid a Defective Proposal for Settlement

April 6, 2015 Professional Services Industry Legal Blog

By: Brandon C. Meadows, Esq.
Many parties engaged in litigation are primarily concerned with resolving their disputes through the most cost-efficient means. In the early stages of litigation, clients pose some version of the following question: “Who is going to pay my legal fees?” Under the common law, each party should bear their own legal expenses incurred. However, entitlement to fees can exist if provided by contract or statute. Because contractual and statutory entitlement to fees is in derogation to the common law, strict compliance with the contract or statute is required. This article addresses a party’s ability to recover statutory attorneys’ fees through strict compliance with the rules and statutes regarding a Proposal for Settlement.

Social Media: Is it Discoverable?

March 30, 2015 Communications & Media Industry Legal Blog, Professional Services Industry Legal Blog

By: Brittany N. Snell, Esq. and Austin B. Calhoun, Esq.
Many people routinely document their lives through interactions on social media forums such as Facebook, Twitter, LinkedIn, or some other social media site. With social media becoming more and more a part of our everyday lives, the content of social media has inevitably become valuable to litigation. While you may be shaking your head and agreeing with the relevancy of social media, when is the last time you included a social media request in your discovery requests? If you included this request, how specific was it? This blog post will explore the growing use of discovery requests to obtain vital information from social media.

An Employer’s Guide to Drafting and Enforcing Non-Competition Agreements

March 9, 2015 Professional Services Industry Legal Blog

As Florida’s workforce becomes more specialized and mobile, the economic climate becomes increasingly competitive for employers to protect their business interests. In an effort to protect those interests, employers frequently include restrictive covenants, or non-competition language, within their employment agreements to govern the conduct of employees upon termination or resignation. […]

Sole Proprietorships, Corporations and LLC’s: Choosing the Entity Form that is Right for you

December 9, 2014 Professional Services Industry Legal Blog

By: Brandon C. Meadows, Esq.
Florida entrepreneurs and businesses must make a decision to form the most appropriate business entity to suit their needs. Whether you are in the early stages of a start-up company, or whether you are a growing business in need of new corporate structure, there are many different considerations that will aid you in selecting the entity form that is right for your business. This article addresses several key considerations and distinctions between sole proprietorships, corporations and limited liability companies. Among those key considerations discussed are ownership requirements, equity allocation, formation and filing fees, governing documents, tax implications, liability, managerial authority, fiduciary duties, raising capital and sharing profits.

Avoiding Successor Liability When Purchasing a Business

December 8, 2014 Professional Services Industry Legal Blog

When purchasing a business, prospective buyers must take extreme care to ensure they are not also assuming the liabilities of that business. Florida follows the traditional corporate law rule which generally does not impose the liabilities of a predecessor business on a successor business. However, that rule is not absolute and exceptions exist that may result in a purchaser becoming responsible for the debts of the business being acquired. This Blog post will discuss the exceptions to the general rule and provide guidance on avoiding successor liability when purchasing a business.

Debt Collection in Florida: Know the Rules

August 28, 2014 Professional Services Industry Legal Blog

By: James O. Birr, III, Esq. and Sterling Spencer
When it comes to collecting a consumer debt, individuals, businesses and attorneys’ must be familiar with the Florida Consumer Collection Practices Act (“FCCPA”) and its federal counterpart, the Fair Debt Collection Practices Act (“FDCPA”). Like the FDCPA, the FCCPA protects consumers from abusive, harassing, and unfair debt collection practices. This post addresses Florida federal court case law as to damages for violations of the FDCPA and FCCPA, as well as recent changes to the FCCPA, effective October 1, 2014.

subscribe to legal alerts

subscribe to our blogs

sign up now

Media Contacts

Charles B. Jimerson
Managing Partner

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.

we’re here to help

Contact Us