Blog

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

Infographic: The Importance of Probate Litigation

December 11, 2018

By: The Carlin Law Firm, PLLC

This infographic explains the purpose of probate litigation and when an attorney’s assistance is required during the process. In the U.S., probate is a court proceeding to administer the estate of a deceased person. If an involved party finds that the probate process is not lawfully administered, he or she can initiate probate litigation to challenge the legal validity of the Last Will and Testament.

A probate attorney can offer a range of services during your probate litigation. For example, probate litigation attorneys can typically assist with the actual administration of the estate property, as well as with filing the decedents will with the Court. Additionally, your attorney should be able to assist you if there are any legal complications during the probate process, while aiding you with filing any necessary paperwork with the Court.

For more information on probate litigation, refer to the infographic below.

CarlinFirm - 00055 - IG

Florida Business Litigation: Duties Owed by Directors & Officers

August 22, 2018

By: The Carlin Law Firm, PLLC

A corporation usually consists of its shareholders, board of directors, and officers.  Shareholders—i.e., those who own the stock of the corporation—generally have no right or power to manage the business directly, although, in limited circumstances, they may be vested with certain management powers in the corporation’s articles of incorporation.  The main way shareholders manage the corporation is by electing the Board of Directors.  The Board, in turn, is responsible for the major decisions that the company takes, such as the hiring and firing of officers, whether to declare dividends, whether to issue stock, and so on.  The board of directors usually delegate much of the day-to-day tasks of running a business to officers and directors whom they hire. READ MORE

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

August 9, 2018

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