Category: Commercial Litigation & Business Disputes

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

Florida Real Estate Litigation: Landlord Remedies in Commercial Leases

May 2, 2019

By:  Kate Feingold, Esq.

When tenants breach a commerical lease agreement, Florida law provides landlords with three options:

  1. Consider the lease terminated and resume possession of the premises for the landlord’s own purposes (i.e., for the “landlord’s account”);
  1. Hold possession of the premises for the “tenant’s account” and seek general damages for any amount not recovered by re-renting the premises;
  1. Take no immediate action but, rather, wait to sue the tenant as future rent becomes due, or for an accelerated amount if allowed under the lease agreement.

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Florida Business Litigation: Limited Partnership, Limited Liability Partnership, and Limited Liability Limited Partnership. What is the difference?

August 29, 2018

By: The Carlin Law Firm, PLLC

A limited liability partnership (an “LLP”) offers a major advantage to a common law partnership, in that partners in a LLP are not personally liable for the LLP’s obligations.  A LLP is governed by the rules of the Revised Uniform Partnership Act (“RUPA”), except that, if a limited liability partnership also is a limited partnership, the Uniform Limited Partnership Act (“ULPA”) will govern all issues dealing with the limited partnership. READ MORE

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 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