There are hundreds of laws governing businesses, and every industry has its own rules and regulations. This has generated a widespread need for business lawyers. Most business owners running a small enterprise or business are unfamiliar with many kinds of business laws. READ MORE
Blog
Florida Business Litigation Appellate Update: Forum-Selection Clauses
March 16, 2017By: Justin C. Carlin
I 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, 2017By: Justin C. Carlin
As 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, 2017By: Justin C. Carlin
I 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/
Preparing for Fort Lauderdale Business Litigation (or Elsewhere): Forum-Selection Clauses
March 6, 2017
In 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
As 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
Resolving Corporate Deadlock and Mismanagement: Receiverships (Part II)
February 20, 2017
I’ve previously written about Florida business litigation solutions for corporate deadlock, but, in that prior blog post, I addressed only a single method of resolving corporate deadlock and mismanagement: dissolution and liquidation of the corporation. In this post, I will describe a second, alternative solution: receivership. READ MORE
Florida Real Estate Litigation: Deed Defects and Curing Deed Defects
February 9, 2017
Few areas create real estate disputes in Florida more frequently than defective conveyances of Florida real estate. The topic often appears in the context of a challenge to the validity of a deed transfer after the grantor named in the deed has passed away. Of course, once the grantor is dead, he or she is no longer capable of executing a new deed to effectuate his or her wishes. Thus, beneficiaries of such a grantor’s estate usually stand to benefit from having the deed set aside, because the absence of the transfer increases the size of the estate in which they are entitled to share. READ MORE
How to (Legally) Resolve Corporate Deadlock and Mismanagement: Dissolution and Liquidation (Part I)
February 1, 2017
The great, late entrepreneur, Steve Jobs, once said, “Great things in business are never done by one person. They’re done by a team of people.” But what if that team of people can’t agree on how the business should be managed? What if one of the members of the team steals or mismanages the company’s assets, causing harm to the company? READ MORE
After 43 Years without a Change in the Law, the Timeframe to Cancel Mortgages Is Now 45 Days, Not 60
January 25, 2017
As a Fort Lauderdale commercial litigation lawyer, I proactively seek to assist my clients with monitoring changes in the law that might affect their businesses. One such change has occurred in Chapter 701, Florida Statutes, which pertains to assignments and cancellations of mortgages, and directly affects those involved in residential and commercial lending. READ MORE
