Category Archives: Business Litigation
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 »
Age Discrimination: A Looming Business Litigation Threat
It might surprise you to find out that age discrimination is one of the riskiest, costliest subjects of business litigation today. It can not only threaten a business, but it can also negatively affect other employees and their productivity. Below, we discuss some major guidelines to ensure that this is not a legal problem… Read More »
Understanding Jurisdiction in Business Litigation
Understanding how personal jurisdiction works is essential to anyone involved in business transactions and/or litigation because it effectively determines whether a company can sue and/or be sued in a particular state. Jurisdiction is important because, as so aptly described in one article, “not every court is the right place to bring a particular lawsuit.”… Read More »
The Importance of the Owners’ Agreement in Business Formation
As highlighted by a recent Forbes article, running a business unfortunately sometimes involves disputes and conflicts. Whether it involves a breach of contract claim, property rights, unfair trade practices, or something else, there really is no excuse for failing to ensure that you have every legal control possible in place at the outset. With… Read More »
What if You Suspect a Violation in Your Non-Compete Agreement?
In today’s extremely competitive business world, more and more employers are requiring their employees to sign a variation of a non-compete agreement. This is an agreement between the business and the employee that restricts where the employee can work for a certain period of time when the employment is terminated. The employee typically agrees… Read More »
Congress Votes on Bankruptcy Reform For Banks
Recently the United States House of Representatives voted to approve new legislation on bankruptcy code for banks across the country. Officially known as the Financial Institution Bankruptcy Act of 2017 (FIBA), the legislation is designed to avoid taxpayer bailouts and financial crisis in the event that a bank fails. Supporters of the legislation believe… Read More »