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Records Retention Policies for Small and Mid-Sized Businesses: Part Two- Abiding by Your Policy and Honoring the Litigation Hold

June 7, 2013 Professional Services Industry Legal Blog

In Part One of this Blog post, we focused on what document retention policies are, who should have them and what documents should be kept for what length of time. Please click here to review Part One. In Part Two of this Blog post, we will focus on what the legal ramifications of failing to comply with your document retention policy are, with special attention given to responsibilities of the retaining company once litigation is anticipated or underway.

Records Retention Policies for Small and Mid-Sized Businesses: What do You Need to Know? A Multi-Part Feature.

May 29, 2013 Professional Services Industry Legal Blog

Management of records including creation, retention, access, and destruction, has been a major concern for businesses. This is mainly due to the growth in volume of records (especially electronic data) and the lingering fear of litigation. Once a business is named as a party to suit, high scrutiny is placed on litigants in order to prevent spoliation of evidence that may be relevant to prosecution or defense of the lawsuit. Development and execution of an effective document retention policy is critical as the alternative may result in unfavorable discovery, loss of critical information, unnecessary expenses and adverse judgments. This two part Blog post endeavors to provide small and mid-sized businesses a few an overview what document retention policies are and things to consider when creating an internal document retention policy.

Top 10 Considerations When Taking a Deposition in Aid of Execution

April 1, 2013 Professional Services Industry Legal Blog

Once a judgment is entered, there are numerous methods that can be utilized to collect on the judgment, including garnishment and levying on real and personal property. But how do you know what is out there to levy against or garnish? The best method for locating assets is often times the simplest – just ask.

Rule 1.560, Florida Rules of Civil Procedure, allows for the use of a deposition as a proper discovery tool post judgment. Utilizing a deposition in aid of execution to ascertain the necessary information to garnish wages or levy on real property may seem simple. However, numerous considerations must be taken into account before making the decision to depose a judgment debtor. Below is a list of items to consider before, during and after taking a deposition in aid of execution.

Five Tips for Appearing Before Florida’s Regulatory Boards

March 26, 2013 Professional Services Industry Legal Blog

Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The DBPR is under the control of the executive branch of government and governed by the Administrative Procedure Act, found in Chapter 120 of The Florida Statutes. The DBPR breaks down its regulation into businesses and professions.

Is not Reading the Contract a Defense to Enforcement of the Contract?

February 22, 2013 Professional Services Industry Legal Blog

By: Charles B. Jimerson

Occasionally in litigating contract actions I will run into the laughable defense of “I didn’t read the contract, so therefore I shouldn’t be subject to it.” That is not a viable defense under Florida law. It is well settled Florida law that a party has a duty to learn and know the contents of a proposed contract before he signs it and therefore, one who signs a contract is presumed to know its contents. Wexler v. Rich, 80 So. 3d 1097 (Fla. 4th DCA 2012).

Compliance With New Florida Rule of Judicial Administration 2.516: E-mail Service

January 7, 2013 Communications & Media Industry Legal Blog, Professional Services Industry Legal Blog

A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or “e-mail.”  Although the rule is fairly straight forward, this attorney has noticed that the majority of e-served documents received do […]

Tortious Interference With Advantageous Business Relationship: When Does Competition Become Interference?

December 12, 2012 Professional Services Industry Legal Blog

Competition is the rivalry among sellers trying to achieve the objectives of increasing profits, market share, and sales volume by varying the elements of the marketing: price point, product identity, distribution levels, and promotion. Merriam-Webster defines competition in business as “the effort of two or more parties acting independently to […]

Termination of an LLC Member Upon Bankruptcy Filing

December 4, 2012 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

What happens to the rights of a member of a limited liability company when that member files bankruptcy?  In Florida, that member is automatically terminated from membership in the LLC and any remaining interests in the LLC become property of the bankruptcy Trustee.  But is it really that simple? Limited […]

Failing to Disclose Information During Discovery Can Cause the Rescission of a Settlement Agreement

November 19, 2012 Professional Services Industry Legal Blog

As a case develops, parties exchange information through a process known as discovery. Discovery is a truth seeking device- each party is able to discover facts that the other party has. Parties and their attorneys are expected to comply with requests for discovery.

Florida’s Fourth District Court of Appeal recently found in Garvin v. Tidwell that the appellee, Tidwell, violated her discovery obligations by failing to disclose an advertisement that featured her horse. No. 4D11-2712, 2012 WL 523224 at *3 (Fla. 4th DCA Oct. 24, 2012). The court allowed the appellant, Garvin, to rescind the settlement agreement because Garvin was not aware of all of the material facts because of Tidwell’s failure to disclose information during discovery. Id. at *5. Let this case serve as a lesson to any lawyer or party considering executing a settlement agreement if you have been less than truthful or forthcoming in the discovery process.

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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.

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