Category Archives: Business Litigation

Can I Collect Attorney’s Fees Under Florida’s Deceptive and Unfair Trade Practices Act?

Unlike other countries, the American rule on attorneys’ fees is that each party must pay the costs of their attorneys. This means, if you’ve hired an expensive attorney to fight for you, you are obligated to pay his costs. Nonetheless, there are two exceptions to the American rule—the contract and statute exceptions. First, if a prior contract that was made between the parties had an attorneys’ fees clause, then the losing party is expected to pay the winning party’s attorneys’ fees. Lastly, a party is permitted to seek the payment of their attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). A Miami Business Law attorney can advise you if FDUTPA law applies.

How to meet the direct physical loss requirement to obtain property insurance coverage in the age of COVID-19?

As the country enters yet another month of economic uncertainty with regards to the coronavirus pandemic, a great deal of business interruption cases have surfaced. Companies throughout the United States, including many in Miami, Florida, are seeking coverage for their immense losses throughout this pandemic, specifically claiming direct physical damage to substantiate their business income coverage claims.

How to navigate exclusions in property insurance policies in pursuit of business interruption coverage?

As companies in Miami, Florida seek business interruption coverage for their losses during the COVID-19 pandemic, they face the hurdle of exclusions in their policies.

Can I sue my Homeowner Association or Condominium Association in Miami, FL?

Homeowner Associations are subject to the rules and regulations under Florida Statutes Chapter § 720. Chapter § 720 delegates the association’s power, rules and duties, sets forth dispute resolution mechanisms, and owner improvements, rights and privileges.

Securities Class Action Lawsuits

A securities class action lawsuit is filed by investors who have bought or sold a company’s publicly traded securities within a class period and have suffered economic injury as a result of violations of securities laws.

Consumer Class Action Lawsuits

In a class action lawsuit, only one lawsuit is filed on behalf of an entire group of injured parties. Very often, for example, such lawsuits unite many individuals and go after a large company that has produced defective products that have causes injury or loss to every individual member of the class action lawsuit. The settlement that such a lawsuit results in is typically divided between all of the individual plaintiffs.

Enforcement Against a Personal Guarantor (Part 2)

If a personal guarantor does not respond to the lender’s demand, the lender has two options to choose from in order to collect the debt. First, the lender can file suit against the personal guarantor and second – he can petition a court for the personal guarantor’s bankruptcy. 

What is Private Adjudication in Florida?

Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.

COVID-19: How to Conduct Remote Depositions

Covid-19 has forced many industries to adjust their business operations so that they can comply with the distancing needed. The legal industry is not unlike others, as they have put efforts to make all court hearings virtual or over the phone. One of the many procedures that have made this change is the taking of a witness’ depositions. It is important that even attorneys with years of experience take the following factors into consideration when conducting a virtual deposition.

Does Motion for Extension of Time Waive Rights in Arbitration?

Revised Florida Arbitration Code The Revised Florida Arbitration Code was initially signed into law in 1957, with the revision of the Code being adopted in 2013. As the Florida Bar Association states, the Revised Florida Arbitration Code is composed of three distinct sections: Pre-arbitration matters, such as scope of law that will govern the proceeding….   + Read More…

Are Electronic Signatures Valid for Binding a Contract?

The use of electronic signatures for a wide variety of legal documents has been a key component of the internet age, providing corporations and clients alike with a streamlined process for signing documents. However, while electronic signatures have become the predominant choice for most, there are still many questions that surround them. Namely among these concerns is whether or not they are legal in binding contracts.

What to Do If My Client Owes Me Money?

If your client fails to make a payment, often times, you as a business owner are consequently left with an unpaid balance. This can result in repetitive and tedious attempts to collect the unpaid invoices and may impose a strain on your client relationship.

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.