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Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901 or email [email protected]

Florida Probate & Estate Litigation: Invalidating a Will Due to Lack of Capacity

August 9, 2018

By: Justin C. Carlin, Esq.

Capacity usually refers to a natural person’s legal ability to make binding agreements relating to their rights, duties, and obligations, such as entering into contracts, getting married, or executing wills.  For example, minors lack the capacity to enter into binding contracts and to execute wills, and certain mental conditions may render a person incapable of testamentary capacity.  Agreements made by persons who lacked capacity can be either void (invalid from the beginning) or voidable (capable of being invalidated).  In the area of probate, trusts, and estates, testamentary capacity is an important concept to keep in mind when trying to affirm the validity of a will or to attack its legality. READ MORE

Florida Probate & Estate Litigation: Invalidating a Will Due to Undue Influence

By: Justin C. Carlin, Esq.

Families are often a source of great joy in our lives, but there may be times when family matters may cause us unnecessary and unpleasant grievances.  This is especially true when it comes to money.  Older family members pass away, at times leaving a large estate behind for the survivors to argue over.  The manner of distribution of a decedent’s estate can be determined by a valid will or, when none exists or a will is considered invalid, by the laws on intestacy. READ MORE

Florida Business Litigation: “Explaining the Uniform Commercial Code”—Myth 1: The U.C.C. Only Applies to Merchants

May 10, 2018

By: The Carlin Law Firm, PLLC

As Fort Lauderdale business litigation lawyers, we frequently deal with contracts pertaining to the sale of goods.  Outside of the legal profession, it is a common misconception that a contract for the sale of goods is subject to the same rules that would govern any other contract.  However, unlike a contract for services or for the sale of real estate, which is governed by common law (i.e., case law decided within the court system), contracts that deal with the sale of goods are governed by statutory law, specifically, Article 2 of the Uniform Commercial Code (the “U.C.C.”).  Accordingly, there are several myths about the U.C.C. READ MORE

Florida Business Litigation: “Keeping Trade Secrets Secret”—Part 3: Enforcement of Trade Secret Rights

April 19, 2018

By: The Carlin Law Firm, PLLC

In my recent articles, I provided a general overview of the laws of Florida that govern the protection of trade secrets.  Part I of this series began by discussing what a trade secret is, and how to identify it, while Part II discussed strategies for keeping those trade secrets secret.  Nevertheless, the question must be asked: What happens when, despite your best efforts, your trade secrets are stolen?  Accordingly, Part III of this series will discuss enforcement of trade secret ownership rights, i.e., what to do when your trade secrets have been stolen. READ MORE

Florida Business Litigation: “Keeping Trade Secrets Secret”—Part 2: Protecting Your Trade Secrets

March 5, 2018

By: The Carlin Law Firm, PLLC

In my last article, “Keeping Trade Secrets Secret”—Part 1: Identifying Your Trade Secrets, I shared how important it is for a business, regardless of its size, to identify (and protect) those trade secrets that make the business special and unique.  However, identifying your business’s trade secrets is only the first step in protecting your business from becoming a victim of trade secret theft.  READ MORE

Florida Business Litigation: “Owners” without Stock or Membership Certificates—Do They Have Rights?

February 27, 2018

By: Justin C. Carlin, Esq.

It’s not uncommon for entrepreneurs to invest their time, energy, skill, and capital into an established corporation’s or company’s business with the understanding that, upon investing into the business, they will become owners of the business entity.  When this happens, the business entity may not provide the investor with stock or membership certificates evidencing his or its ownership, and may later claim that the investor is not an owner entitled to distributions or anything else related to ownership in an interest, but rather merely an employee.  Does such an investor have any recourse to reclaim his or its interest in the company or corporation?  In Florida, the answer is: Yes.  READ MORE