Author Archives: Jay Butchko
When Will A Florida Court Issue An Injunction To Enforce A Non-Compete Agreement?
Non-compete and non-solicitation agreements are valuable tools for Florida businesses looking to protect confidential information and customer relationships. If a business has proof that a former employee has violated such an agreement, they can ask a judge to issue a temporary injunction. In Florida, there are four things an employer must demonstrate to obtain… Read More »
Federal Court Dismisses Consumer Protection Lawsuit Over 150-Year Old Spice Ban
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is a state law designed to protect consumers from various forms of business misconduct. A consumer who has suffered a financial loss or injury due to an unfair or deceptive act can file a civil lawsuit against the offending business. However, even if there is a… Read More »
Do I Really Need A Lawyer To Defend Against A Foreclosure?
When something is broken in your house, such as the plumbing, you might try and fix the problem yourself to save a little money. Oftentimes, however, that just makes things worse and you still end up having to call in an expert. The same thing holds true if you are facing foreclosure against your… Read More »
When Can A Corporate Officer Or Shareholder Be Held Personally Liable For A Business Debt?
When suing a business entity such as a corporation, the individual shareholders typically cannot be held liable for any judgment. In other words, if you sue Company X for a breach of contract and win a monetary award, you cannot seek to collect that judgment against the personal assets of Company X’s shareholders or… Read More »
Should You Consider Creating A Revocable Trust As Part Of Your Estate Plan?
Having a last will and testament is a key piece of any estate plan. But there are other estate planning tools you may wish to consider as well. One popular option is to have a revocable living trust. Although you might associate such trusts with the ultra-wealthy, they are in fact a fairly common… Read More »
Can Debt Collectors Give Out Your Personal Information To Third Parties?
The Fair Debt Collection Practices Act (FDCPA) is an important federal statute that protects your rights as a consumer. The FDCPA is basically designed to stop debt collectors from engaging in certain abusive practices when dealing with consumers. One of these protections is that, except under very specific circumstances, a debt collector is not… Read More »
The Risks Of Defending Yourself In A Mortgage Foreclosure Lawsuit
If you are facing a possible mortgage foreclosure, there are a number of legal options available to you if you want to try and keep your home. The important thing is that you seek out qualified legal advice from a reputable Brandenton mortgage foreclosure defense lawyer. What you should not do is attempt to… Read More »
Can I Make A Video Will And Upload It To YouTube? Is That Valid Under Florida Law?
Under Florida law, a last will and testament must be in writing and signed in the presence of at least two witnesses. These requirements are strictly enforced by the courts. To put it another way, a will is not something you want to “experiment” with. For instance, you should not videotape a will and… Read More »
Will My Company’s “Business Interruption” Policy Cover Losses Related To COVID-19 Restrictions?
The COVID-19 pandemic has forced the temporary or permanent closure of many Florida businesses. Indeed, even the best-managed company has faced unprecedented challenges over the past two years. And many firms have looked to their own insurance policies–specifically those protecting against loss of income or “business interruption”–to try and make ends meet. Unfortunately, such… Read More »
What Happens After An Arbitrator Decides A Civil Dispute?
Many businesses prefer arbitration to litigation for resolving potential disputes with customers. To that end, many business contracts that customers are asked to sign include binding arbitration clauses. This means that instead of suing the company for breach of contract, the customer must submit to arbitration. The arbitrator’s final decision–known as an award–is binding… Read More »