Category Archives: Business Litigation

How to Prevent an ADA Lawsuit

Many businesses have been concerned about ADA lawsuits and have sought methods to prevent them. While the measures are not particularly complex, they are essential to avoid the frustrations and expenses related to ADA lawsuits.

Force Majeure and Excusable Non-Performance in Contracts Affected by COVID-19

Due to the forced closure of many “non-essential” businesses, many contractual obligations have been affected due to the resulting workforce and supply shortages. These disruptions have left many wondering whether “force majeure” provisions will relieve them of their contractual obligations.

When is the Florida Reciprocity rule for Attorney’s fees Applicable?

Under Florida statute, a court can enforce an attorney’s fees clause even if the original language of the clause did not provide for attorney’s fee for that specific party. This is called reciprocity.

How to Negotiate like a “Freelancer” (Part 2)

Negotiating at times can be a step forward and two backwards. It is expected that mistakes will be made along the way; each negotiation is unique for its level of complexity, subjects and interests behind them.

How to Negotiate like a “Freelancer” (Part 1)

Negotiations arise in the face of a conflict of opposite interests; because if there was no conflict, there would be no need to make concessions. But just because there are converging interests does not mean that there must be conflict between those who represent them.

Does a Motion to Dismiss stay Discovery in Florida Civil Litigation?

Discovery is the process that opposing parties use to build evidence against another and is an instrumental part of the adversarial system. The Florida Rules of civil procedure provides when discovery can be limited by the trial court.

Are ADA Compliant Website Lawsuits a Scam?

There are no clear regulations defining website accessibility. Typically, courts conduct a flexible, case-by-case analysis, to ensure that the Act requirements are not unduly burdensome to businesses.

How can I Report an Amazon Vendor if I am a Seller or Buyer?

Recently, stories have surfaced about consumers purchasing expired goods, broken products, and even counterfeit items. Additionally, some sellers are losing business to other sellers who market these fraudulent or defective items. Whether you are an Amazon buyer or seller, here’s how you can protect yourself.

What Happens when you get Served?

Currently, there are two worlds operating at the same time and for some people they never overlap. I am talking about the legal world and the non-legal/real world. In the legal world courts are operating every day and most people are blissfully unaware of it. However, the legal world and the real-world intersect at the moment that individual walks up to you and says, “you’ve been served!”

Florida Worthless Check Statute

Florida statue §68.065 permits the recipient of a bad check to file a lawsuit to collect on the check.

Are There Advertising Restrictions for Dental Practices?

The American Dental Association and Florida Statute § 466.019 mandate laws for advertising by dentists.

Don’t be Fooled by “Attorneys…”

Many states have tried providing education to the public to be careful in who they hire to help with their legal problems.  Additionally, many states, such as Florida, have established programs to protect the public against harm caused by individuals pretending to be attorneys.

What You Need to Know About Non-Disclosure Agreements

Breaching an NDA can have serious consequences (e.g., a lawsuit against the person who is revealing the private information).  Normally, the remedies for a breach of an NDA are in the NDA itself.  Therefore, it is important to have a detailed NDA, which includes what is covered by the contract and the repercussions for disclosing such information.

Higher Stakes in County Court for Florida Civil Lawsuits: What are the Minimum Amounts of Money you can sue for in Circuit Court in Florida?

The Florida court system has two tiers of trial courts; the circuit courts and county courts. Circuit courts have jurisdiction over trials not assigned by statute to the county courts and hear appeals from county courts. Thus, circuit courts in Florida are both the highest trial courts and the lowest appellate courts. Traditionally, the circuit…   + Read More…

What is a Corporate Monitor in Florida?

Monitors are usually appointed to perform a specific set of duties, and often only have a single-purpose duty. Corporate monitors only supervise rather than manage. Specifically, the Department of Justice has stated that the scope of the monitor ship should be tailored to address the specific issues and concerns that created the need for a monitor.

How do you Serve Process on Corporations?

Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.

What is Florida’s Uniform Trade Secrets Act?

Florida, among 48 states, has adopted its version of the Uniform Trade Secrets Act known as FUTSA. The purpose of the Act is to ultimately protect one’s intellectual property, ideas and certain types of confidential information.