Month: March 2017

Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800

Florida Business Litigation Appellate Update: Forum-Selection Clauses

March 16, 2017

By: Justin C. Carlin

Florida Business Litigation Appellate UpdateI recently wrote about the enforceability of forum-selection clauses in Florida business contracts.  The Florida Third District Court of Appeal recently issued an opinion enforcing a forum-selection clause.  A full copy of the opinion can be found here.

The case, Quick Cash, LLC v. Tradenet Enterprise, Inc., involved a business contract between two corporations, one of which filed suit in Florida.  The defending corporation moved to dismiss the lawsuit, because the contract in question provided that jurisdiction and venue would be in another State.  READ MORE

Non-Compete Agreements: A (Potentially) Enforceable, Effective Way to Protect Your Florida Business

March 15, 2017

By: Justin C. Carlin

Non-Compete AgreementsAs a Florida business owner, how would you feel if you devised a fool-proof system of generating profit within your industry, only to find that one of your employees left your business, plagiarized the system that you spent months (if not years) devising, and began directly competing with you?  The answer is obvious—angry, furious, betrayed, disappointed, frustrated.  The list goes on.  Fortunately, however, there’s a solution to this extremely common problem: a Florida non-competition (or “non-compete”) agreement. READ MORE

Are Fort Lauderdale ADA Lawsuits Abusive?

March 14, 2017

By: Justin C. Carlin

Fort Lauderdale ADA Lawsuits AbusiveI have been a Fort Lauderdale ADA lawyer for nearly a decade, having defended numerous lawsuits in the Southern District of Florida in each of the Miami, Fort Lauderdale, and Palm Beach divisions.

I remember watching the below video shortly after becoming immersed in the area. After years of development within the area of the law, it is still one of the best journalistic expressions of the problems surrounding ADA litigation. If you’ve recently been served with an ADA lawsuit in a Florida federal court, then it is a definite “must-see.”

http://stosselintheclassroom.org/videos/ada_law_leading_to_lawsuit_abuse/

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Preparing for Fort Lauderdale Business Litigation (or Elsewhere): Forum-Selection Clauses

March 6, 2017

Preparing for Fort Lauderdale Business LitigationIn my last blog post, I wrote about the importance of including in a Florida business contract an “attorney’s fees” provision that permits a party to a contract to recover its attorney’s fees from the other party to the contract if it sues over the contract and “wins.”  Moreover, I alluded to the existence of other important provisions in Florida business contracts, but did not specify those provisions. READ MORE

An Essential Provision in Every Florida Business Contract: An “Attorney’s Fees” Provision

March 2, 2017

An Essential Provision in Every Florida Business ContractAs a Fort Lauderdale commercial litigation attorney, my Florida business clients frequently request that I review and draft their contracts.  In addition to capturing the parties’ intentions regarding the key aspects of the transaction for which their contract is drafted—and avoiding ambiguities and inconsistent provisions that might fuel a potential business dispute—most business contracts contain certain boilerplate terms that will be “virtually the same” in every contract.  These provisions are included for good reason (they’re important!), even though lawyers may differ as to what they should say.  READ MORE