All Breach Of Contract Defences (Affirmative & Other Contract Law Defenses)

A breach of contract occurs when one or more parties don’t fulfill a written or oral agreement. Whether someone breaks part or all of the contract, the other parties have grounds to pursue legal action. If someone does file a breach of contract claim, you have several options to defend yourself. Here are some of the most common breach of contract defenses. What are the Possible Defenses to a Breach of Read More

How Employers Should Handle Wage and Hour Claims Against Them

One type of lawsuit that businesses may have to deal with far more often than others are Wage and Hour claims. Owing to employee disputes over the amount of compensation for the amount of work, Wage and Hour claims are getting more commonplace than ever before. The U.S. Department of Labor reported that employers paid a record-breaking $322 million dollars in 2019 to employees filing Wage and Hour claims against Read More

How to Collect From Florida Construction Contractors Who Abandon a Project

The housing market in Florida is currently exploding. With a sudden gigantic rush for property, there are natural growing pains - including a lot of jobs that are not getting finished properly. Suddenly, a lot of Florida families are asking a question they have never had to ask before: how can we collect from a construction contractor who abandoned the job and took our money? Let’s step back and look at the root Read More

29 Ways Business Owners Can Avoid Lawsuits

Business Lawsuits Destroy Profits Every business is at risk of getting sued. Over 100 million cases are filed in U.S. courts every year. Contract disputes, for example, are a common source of liability for businesses. These lawsuits account for 60 percent of the millions of civil cases filed every year. Tort cases are another source of liability.  These types of lawsuits include personal injury cases, Read More

Does My Business Need a Non-Disclosure Agreement?

One of the most important steps that any business can take to protect its future is by properly utilizing Non-Disclosure Agreements. Non-Disclosure Agreements, commonly known as NDAs, are legally binding contracts between two parties who agree to keep certain information confidential. They are commonplace in the business world, and are typically signed in the contract phase between employer and employee or future Read More

6 Business Formation Mistakes You Need to Avoid

Forming a new business is one of the most exciting times in a corporate lifecycle. Whether it is a gigantic corporation or a small start-up, your new business will be built off of your passion and smart ideas. Unfortunately, cutting corners at this stage of the process can also lead to disaster. We have worked with enough businesses to know what is a warning sign when you are in the formation phase. Setting Read More

Arbitration vs Litigation: What Is The Difference Between Litigation & Arbitration In Law?

What is the difference between arbitration and litigation? The two most common ways to settle a lawsuit are through litigation or arbitration. Litigation is the legal procedure to settle a dispute using the court system in accordance with a specific set of laws, rules, and statutes. In the traditional litigation process, the case is presented before a judge or jury, who ultimately makes a decision after reviewing all Read More

Business Litigation in Florida? There’s a Jury Instruction for That.

As a Miami business attorney, I can say that the majority of business litigation cases that get filed are settled before trial.  And that’s usually the best outcome for all the parties.  However, there are times when the only option is to proceed to trial. In preparing a business litigation case for trial, a trial attorney must prepare the witnesses, file pre-trial motions Read More

Rum, Risk and Ruin: 13 Reasons Why You Still Shouldn’t Do Business in Cuba.

The removal of Cuba from the U.S. state sponsors of terrorism list this week sparked a groundswell of excitement among U.S. entrepreneurs, lawyers, and investors looking to profit from the “enormous opportunities” on the island. As part of the Florida Bar’s first-ever delegation to Havana, Cuba last week, I got the chance to see these “opportunities” for myself. Indeed, Cuba does have lots of Read More

The Ultimate International Law Guide for U.S. Judges–And Attorneys!

Several months ago I argued a case that centered on the finer points of forum nonconveniens. The issue comes-up regularly given the large number of international companies doing business here in Miami. While my adversary and I had a firm grasp of the issues involved, the judge wanted to take some additional time to review the case law cited in our briefs before making a decision. And that’s no Read More