Litigation Archives - EPGD Business Law

Litigation

What is Suspension and Debarment Under the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the statute that prescribes the policies and procedures governing the debarment and suspension of contractors by federal government agencies. It provides that all federal contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action.

Silvino Diaz September 10, 2020

Litigation

Can I Join a Third Party Post-Judgment in Florida?

Once you’ve won your lawsuit and have a judgment against the defendant, you still have to go through the post-judgment process to collect on your award. Simply put, this entails a review of the defendant’s financials and assets to determine how the judgment will be paid. Some defendants try to avoid collection by transferring assets to another third party. How can this be remedied?

Silvino Diaz September 8, 2020

Litigation

What is Defamation Per Se in Florida?

One of the recurrent issues that Miami business lawyers deal with often involves clients suing for defamation, or vice versa, clients being sued for defamation. Defamation, by definition, is the action of damaging the good reputation of someone. It usually involves a false statement of fact that was published or spoken with fault, or in other words, as a result of negligence or malice.

Oscar Gomez August 19, 2020

Civil Litigation

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

Oscar Gomez July 29, 2020

Civil Litigation

Can I Get Attorney’s Fees in a Defamation Case in Florida?

Courts can award attorney’s fees to the prevailing party if both parties have agreed to such a condition in a contract, or if there is a specific statute that grants attorney’s fees to the prevailing party in a certain case. If both parties prevail in different legal arguments, the court will conduct a balancing test and distribute attorney fees using its own discretion.

Oscar Gomez June 23, 2020

Business Litigation

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.

Oscar Gomez May 21, 2020

Business Litigation

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.

Silvino Diaz May 19, 2020

Business Law

How to Protect your Business Against Trademark Bullying?

Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.

Eric Gros-Dubois April 27, 2020

Business Law

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

Oscar Gomez April 22, 2020

Business Law

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.

Oscar Gomez February 26, 2020

Business Law

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.

Silvino Diaz February 26, 2020

Business Law

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.

Silvino Diaz February 18, 2020

Business Law

What is the Florida Construction Industry Recovery Fund?

Where has all my money gone? If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund. However, there are a few qualifications you must meet before recovering.

Eric Gros-Dubois January 5, 2019

Business Law

Can you Claim Trademark Infringement on Google Adwords?

Google allows businesses to purchase advertising space, causing your advertising material and website link to appear more prominently as a result of a search for a particular keyword. However, companies that have a trademark on certain words may have a case for trademark infringement for these types of actions.

Eric Gros-Dubois September 10, 2018

Business Law

Can Facebook Live videos be considered as evidence?

In an age where social media laws are changing as fast as the platforms themselves, always use caution and consideration when uploading videos. The internet is forever.

Eric Gros-Dubois August 27, 2018

Can a parent be liable for their adult child?

The question of liability for the actions of a third party has been litigated on

Eric Gros-Dubois August 13, 2018

An insight on Jeremy Alters’ Bar Suspension

The Florida Supreme Court issues a SUA Sponte suspension of Jeremy Alters. A sua sponte

EPGD Law May 22, 2018

Does My Company Need a Document Retention Policy? What is a Document Retention Policy Anyways?

What Is a Document Retention Policy? A document retention policy is a company policy, which

EPGD Law March 15, 2018

Did you know there are “Whistle Blower Awards”?

WHAT IS AN IRS TAX “WHISTLEBLOWER”? A “whistleblower” is someone who reports misconduct by an

EPGD Law February 26, 2018

Business Law

How to Collect after a Favorable Judgement

A common issue persons may face in lawsuits is not so much the difficulty in obtaining judgment for remedies, but actually collecting on the judgment once obtained. There are different ways in which judgment debtors try to defeat collection on judgments, which pose problems for those holding outstanding executions.

Eric Gros-Dubois September 13, 2016

Civil Litigation

Robo Civil de la Corporación en la Florida

El robo civil es una conversión de derecho común con la intención criminal de robar. Véase 1-27 Florida Torts n.o 27.07. El Estatuto de Florida 812.014 (2014) establece los elementos para el robo civil como:
(1) a sabiendas, (2) obtenido o utilizado, o se esforzó por obtener o utilizar, la propiedad del demandante, (3) con intención criminal, (4) ya sea temporal o permanentemente para (a) privar al demandante de su derecho o beneficio de la propiedad o (b) apropiarse de la propiedad para el uso propio del demandado o para el uso de una persona que no da derecho a la propiedad.

Eric Gros-Dubois November 24, 2015

Civil Litigation

Civil Theft of a Corporation in Florida

Civil theft is a common law conversion with the criminal intent to steal. See 1-27 Florida Torts § 27.07. Florida Statute 812.014 (2014) states the elements for civil theft as:
(1) knowingly, (2) obtained or used, or endeavored to obtain or use, the plaintiff’s property, (3) with felonious intent, (4) either temporarily or permanently to (a) deprive plaintiff of its right to or a benefit from the property or (b) appropriate the property to the defendant’s own use or to the use of a person not entitle to the property.

Eric Gros-Dubois October 8, 2014

Civil Litigation

Legal Approaches to Substance Abuse

There are few challenges greater than watching a loved one descend into the depths of drug and alcohol abuse. Lives can be shattered, fortunes squandered, aptitude and potential wasted, and relationships often strained to the breaking point. The damage is two-fold: the abuser’s self-destructive behavior not only hurts his or her own life, but unintentionally inflicts harm on friends, families, coworkers, and neighbors

Eric Gros-Dubois August 5, 2013

EPGD Law Blog