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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 […]

“Small” Claim Doesn’t Mean an Unimportant Claim

October 3, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Many business owners have likely heard of small claims court, but are thankfully unfamiliar with it.  I say “thankfully” because the usual way a business owner experiences small claims court is over an outstanding account receivable, or because a disgruntled customer or employee has a grievance (possibly of a dubious […]

Magnuson-Moss Warranty Act and Arbitration Agreements

September 10, 2018 Florida Business Litigation Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog

Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”).  The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]

Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation

August 7, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Professional Services Industry Legal Blog, Videos

A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. And by having an experienced contract law attorney in your […]

Deciding Whether to Sue for Injunction, and What is the Process to Obtain Injunctive Relief

August 6, 2018 Presentations, Professional Services Industry Legal Blog, Videos

Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law […]

How to Know if Your Website Needs to be ADA Compliant in Florida

July 30, 2018 Communications & Media Industry Legal Blog, Florida Business Litigation Blog, Professional Services Industry Legal Blog

Does your website have to be ADA compliant? Title III of the American’s With Disabilities Act (“ADA”) provides that people shall not be discriminated against on the basis of disability in the “full and equal enjoyment” of goods, services, privileges, facilities or accommodations.  Under Title III, private businesses must make […]

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