Category Archives: Business Litigation
How Businesses Can More Effectively Work with Outside Counsel
As Sarasota business litigation lawyers, we regularly work with successful businesses on legal issues that cannot be handled internally. In that endeavor, part of our role involves advising businesses on whether litigation will be successful based on the company’s overall goals and objectives. In this manner, outside counsel can play a very effective role… Read More »
Why Treating All Employees the Same versus Running a Business “Like a Family” Is Important In Avoiding Business Litigation
As attorneys who regularly work in business litigation here in Florida, we regularly see CEOs, business owners, and managers of all kinds of businesses—not just 501c3 nonprofit corporations—who choose to manage their employees “like a family.” From a legal perspective, this can be very problematic. While it makes sense to have sincere concern for… Read More »
How to Avoid Business Litigation When Hiring Employees from Competitors
While agreements between companies not to hire each others’ employees are increasingly receiving more and more scrutiny, companies also have to be careful about hiring employees from a company that then turns around and accuses it of stealing customer or trade secrets. In sum, avoiding business litigation when it comes to employees moving from… Read More »
U.S. Supreme Court Decision Expected to Have Drastic Impact On Business Litigation
A U.S. Supreme Court decision made on Monday, May 21 is projected to have a significant impact on businesses, potentially saving them from engaging in excessive business litigation. In a nutshell, the Court decided that employees who sign arbitration agreements regarding any employment-related legal claims cannot pursue such claims as part of a class… Read More »
Important spring 2018 Business Litigation Cases & Decisions
Spring 2018 saw a number of important federal filings, decisions, and updates made with respect to the field of business litigation. Below, we discuss these in depth: Sanctions Imposed For Records Destroyed According to a recent ruling by a federal magistrate judge, a former CEO was sanctioned for destroying documents retrieved from his company’s… Read More »
How to Use an Accounting under Florida Law to Hold a Business Partner Liable
Daily Business Review recently featured an interesting article addressing the issue of international partnerships in business litigation and how to obtain justice by finding a jurisdictional hook that allows the U.S. company to hold the international business partner liable. The answer lies in what’s known as ‘the right to an accounting.’ This refers to… Read More »
South Florida Court Raises Questions for Foreclosure Defense Cases
A recent foreclosure defense case out of South Florida has many borrowers concerned. Specifically, in this case, although the borrowers ultimately won the case against the bank, they were not awarded attorneys’ fees. Below, we discuss some additional details of the case and decision, and also provide some guidance on how those of us… Read More »
Sexual Misconduct Allegations in Businesses
The issue of sexual assault has dominated news headlines since the Harvey Weinstein scandal broke. Many do not realize to what extent this issue also affects business litigation, as highlighted by the recent gender discrimination litigation filed against Yale University. Specifically, in late January, three men sued Yale alleging that the university’s sexual-misconduct committee… Read More »
Unfair and Deceptive Trade Practices: What the Federal Trade Commission Act Requires
The subject of unfair and deceptive trade practices in business litigation has been in the news of late, especially when it comes to discussions over Bitcoin and supposed claims made to customers about the availability and profitability of the digital currency. Americans spend billions every year, all based on sales linked to labels and… Read More »
Net Neutrality Litigation Begins
The concept of net neutrality covers many areas of the law, from business litigation and transactions, to consumer fraud and protection. In a nutshell, the concept is used described the principle that all internet service providers should have equal access to content and applications regardless of the source and without any favoritism or blocking… Read More »