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Three Vital Small Business Contract Provisions That You Cannot Live Without – From a Florida Litigator’s Perspective

July 22, 2019 Professional Services Industry Legal Blog

A large part of my practice involves litigating contract disputes on behalf of small businesses.  I frequently receive inquiries from small businesses that are looking to enforce their contracts.  More times than not, the small business has a poorly drafted contract that was either drafted by the small business itself […]

Checklist of What to Include in Your Florida Articles of Incorporation

July 15, 2019 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Florida Law requires that any new company wishing to incorporate in the state of Florida file articles of incorporation with the Florida Department of State.  The articles of incorporation is the document that establishes the formation of the company.  If you are forming a new company seeking to incorporate in […]

“As is” and no Warranty Provisions in Contracts: Are They Always Enforceable?

April 3, 2019 Florida Business Litigation Blog, Insurance Industry Legal Blog, Professional Services Industry Legal Blog

Whether purchasing a business, a piece of real property, or even a car, there is likely a lengthy contract that goes along with that purchase.  Many of those contracts contain “as-is” or “no warranty” provisions.  These types of provisions may also include language that the seller of the property is […]

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 […]

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Charles B. Jimerson
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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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