Tag Archives: Business Litigation

Do OCC Guidelines And Regulations Governing The Conduct Of Banks In Loan Participation Transactions Impose An Obligation Upon The Purchasing Bank To Conduct An Independent Credit Analysis Of The Borrower?

As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the … Read Full Post

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Contractor Guide To Effectively Using The Construction Lien Law And Florida Statute 713.05 For Protection And To Allow A Full Recovery

All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project.  However, the contractor and the subcontractor cannot both recover for … Read Full Post

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What Does the Sign Say Part II: Practical Solutions for Local Governments

As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection.  This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. … Read Full Post

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Can’t Help Yourself: Self-help Eviction Under Florida Law

It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default.  Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and … Read Full Post

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How OSHA Calculates Penalties

When OSHA issues a citation to employers for a workplace safety violation, the citation lists a proposed penalty. Much like a speeding ticket, the employer is not required to pay the penalty immediately and can contest the citation on a … Read Full Post

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What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment

All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection.  Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny.  … Read Full Post

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The Right To Blight – Charitable Donation Bins, Freedom Of Speech And The First Amendment

The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo … Read Full Post

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Florida’s Medical Marijuana Statute Deemed Unconstitutional – Again

On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida.  Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the … Read Full Post

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Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities

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, … Read Full Post

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Vicinity of Insolvency: What fiduciary duties are owed by Directors or Officers of Insolvent Entities when going out of business?

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 … Read Full Post

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