Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). The Florida Trust Code defines a trust beneficiary as […]
Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally […]
As technology advances, businesses have more options to employ big data and implement lost-cost marketing strategies in reaching customers and generating revenues. However, the Telephone Consumer Protection Act (“TCPA”) contains strict provisions to ensure that businesses are not abusing that technology and harming consumers with harassing telemarketing calls and texts. […]
The Telephone Consumer Protection Act (“TCPA”) contains strict provisions to ensure that businesses are not abusing that technology and harming consumers with harassing telemarketing calls and texts. The TCPA is one of the most heavily litigate statutes, often levied in the form a class-action complaints with potential exposure to millions […]
Enforceability of Non-Compete Agreements In Florida, non-competition agreements are not enforceable, unless it is supported by the existence of one or more legitimate business interests. Section 542.335, Florida Statutes, governs the enforcement of a non-compete agreement, and it provides a list of business interests that would support enforceability. Specifically, the […]
Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated. However, there are restrictions on severance […]
Effective May 1, 2021, Florida adopted the federal summary judgment standard. In re Amends. to Fla. R. Civ. P. 1.510, 317 So. 3d 72, 77 (Fla. 2021). The new summary judgment standard substantively changed the standards courts apply when evaluating a motion for summary judgment, substantially changed the procedural rules […]
Derivative litigation occurs when a shareholder sues another shareholder, officer, or director of the company for misconduct that harms the company. In many derivative lawsuits, the facts are similar: the majority in control of the company commits some wrongdoing (i.e. stealing corporate funds or misdirecting corporate opportunities), and the minority […]
Far too many of us fail to take the time and effort to set up a basic estate plan in the event of an untimely passing. It’s easy to understand why. No one wants to think about how their estate is handed down after they pass away. In spite of […]
On January 6, 2022, the Supreme Court of Florida adopted an amendment to Rule 9.130, Florida Rules of Appellate Procedure, authorizing the immediate appeal of nonfinal orders that grant (or deny) a plaintiff’s motion for leave to amend its complaint to assert a claim for punitive damages. This new rule […]