The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...
Business Litigation
Can a Judgment Creditor Garnish a Contractual Obligation?
If you think a commercial contract can protect you from a garnishment, you may well be wrong. While proper wording of a contract is essential to safeguard your interests and provide a path to recovery in the event of a default, the courts have made it clear that a...
Is Your Website ADA Compliant?
Under the Americans with Disabilities Act (ADA), most businesses are required to make all electronic and information technology accessible to people with disabilities, including their websites. Otherwise, you may be surprised by a lawsuit from plaintiff's lawyers who...
Officer and director duties of care and of loyalty
Companies in Florida vary greatly in size and therefore they vary greatly in the number of employees working for them. These companies need people to manage the employees and to do this they hire managers and other officers of the company to ensure everything runs...
Process for determining enforcement of a non-compete agreement
When companies in Florida are hiring new employees there are many different considerations that go into the decision about who to hire for the job. First they need to determine the work that is required and budget considerations for salaries. Then they need to...
There are many disputes that arise in partnerships
There are many different businesses in Florida. There are also different ways that these businesses can form. Some businesses form as S-corporations and others C-corporations. They could also form as a limited liability company, a sole proprietorship, a...
Basics of copyright infringement litigation
People in Florida have various ideas for different products, write books and other types of written articles, write songs and music and create other types of art as well. People should get the credit and any income that may come from these various creations....
Growers of Carla avocado seeks injunction against clones
There are many different products and that people use in Florida. These products are made by various companies and can earn those companies significant amounts of money. So, it is important for those companies that others cannot simply copy their products and...
A Financial Advisor’s Duties Dealing With GDPR
Many firms are dragging their heels in complying with GDPR. The penalties for doing so can be quite severe. Large or small wealth management firms, financial advisors, asset managers, estate planning professionals and others in the financial services industry residing...
Shareholder derivative claims and breach of fiduciary duty
There are many corporations in Florida in many different industries that do many different kinds of work. However, while there are many differences between the corporations in Florida, they all have one main similarity: they all have shareholders. The number of...
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