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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.

Limiting Liability in Agreements: Exculpatory Provisions and Ambiguities

December 14, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

In many business transactions, parties attempt to limit their liabilities and shift risk.  Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, and depending on the language of the risk shifting provision, […]

Vicinity of Insolvency: What Fiduciary Duties are Owed by Directors or Officers of Insolvent Entities When Going Out of Business?

December 12, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Any owner of a business should know that your directors and officers have certain duties to their respective entities, whether it is a corporation or a limited liability company (LLC). Under Florida law, specifically, directors and officers have duties to act 1) in good faith, (2) with reasonable care and […]

Understanding the Process for Employee Sexual Harassment Claims

November 5, 2018 Florida Business Litigation Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Frequently our clients ask us general questions regarding the day-to-day operations of their business.  In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved employee goes about pursuing a claim.  What follows is an […]

Handling Delinquent Customers: Legal Action and Collection Methods, Part II

October 31, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts.  This involves the effective and efficient handling of delinquent customers, including formal legal action and collection methods.  Part I of this blog series discussed the importance of having a written collection policy […]

Business Judgment Rule – Shielding the Corporate Director From Personal Liability and Considerations of Efficient and Financially Reasonable Resolutions

October 29, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

The business judgment rule shields corporate directors from personal liability.  However, directors must not breach the fiduciary duties owed to the corporation.  Under Florida law, corporate directors owe fiduciary duties to the corporation and its shareholders, which requires good faith, due care, and loyalty.  The directors’ fiduciary duties are codified […]

Been Caught Stealing: Expelling or “Kicking Out” Members From Florida Limited Liability Companies When a Member is Diverting Assets

October 26, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Though Florida was one of the first states to enact legislation permitting the organization of limited liability companies (“LLC”), usage of LLCs as a corporate form is still a relatively new concept.  With the Florida Limited Liability Company Act of 1999 and the passage of certain taxation legislation, LLCs are […]

5 Things You Need to Know About Obtaining Discovery From Mobile Electronic Devices

October 22, 2018 Communications & Media Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 […]

When do Florida Companies Need to Start Preserving Electronic Evidence if a Dispute is Possible?

October 18, 2018 Florida Business Litigation Blog, Professional Services Industry Legal Blog

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 […]

It’s Not Too Late: What to do After Your Business is Sued for Violating the ADA

October 16, 2018 Florida Business Litigation Blog, Hospitality Industry Legal Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

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 […]

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