Close Menu
Florida Whistleblower Qui Tam Lawyers > Blogs > Florida Litigation Blog

Litigation Blog

Copyright4

Are Instagram Images Copyrightable?

By McCabe Rabin, P.A. |

With the increasing popularity of photo sharing social media sites like Instagram, understanding applicable copyrights can become more complicated and confusing. One of the main questions that frequently comes up is whether posted Instagram images are copyrightable and who owns the original copyright. In general, when you upload a photo to Instagram, you do… Read More »

Facebook Twitter LinkedIn Google Plus
NonCompete

Enforceability Of Non-compete Clauses In Florida

By McCabe Rabin, P.A. |

There are many reasons an employer may not want a leaving employee to open a competing business or join an established competitor after leaving the employer. Whether or not the employee leaves under friendly terms or is fired following a negative incident, the employer may want to protect its interests by restricting the kind… Read More »

Facebook Twitter LinkedIn Google Plus
Copyright2

Works Made For Hire And Copyright Assignment To An Employer

By McCabe Rabin, P.A. |

Copyright law protects a creator’s eligible creative work as soon as it is created. Employees in creative fields of work often produce work product that is immediately protectable under copyright law. The ownership of the intellectual property protected in this way can become a source of dispute if the employer and employee do not… Read More »

Facebook Twitter LinkedIn Google Plus

What Rights and Duties Does an LLC Operating Agreement Govern?

By McCabe Rabin, P.A. |

Under the Florida Revised LLC Act, an operating agreement governs the following areas of an LLC: Relations among and between the members of the LLC and the LLC itself; A manager’s rights and duties; The LLC’s general activities and affairs; and Any conditions or means necessary to amend the operating agreement. §605.0105(1), Florida Statutes…. Read More »

Facebook Twitter LinkedIn Google Plus

When Must an Out-of-State LLC Register to Do Business in Florida?

By McCabe Rabin, P.A. |

Under the Florida Revised LLC Act, a foreign limited liability company may not “transact business” in Florida until it gets a “certificate of authority” from the Secretary of State. But what does that mean? If an LLC buys office equipment from a vendor in Florida without a certificate of authority, does it run afoul… Read More »

Facebook Twitter LinkedIn Google Plus

Are Forum Selection Clauses in a Contract Enforceable?

By McCabe Rabin, P.A. |

Yes, but only when they are mandatory forum selection clauses. Parties to a contract have the right to select and agree on a particular venue to have their disputes determined. The key distinction, however, is whether the forum selection clause is mandatory or permissive. Only a mandatory clause is enforceable such that a court… Read More »

Facebook Twitter LinkedIn Google Plus

What is the Process for a Court to Appoint a Receiver for an LLC?

By McCabe Rabin, P.A. |

In any action where a party has asserted a claim to dissolve an LLC, the court has the authority to appoint a receiver to wind up or liquidate the LLC. In order to appoint a receiver, the court must first hold a hearing after providing notice to all parties and interested persons designated by… Read More »

Facebook Twitter LinkedIn Google Plus

When Will a Member or Shareholder Be Liable for Company Debts?

By McCabe Rabin, P.A. |

We have previously posted about a member’s exposure for the debts of an LLC.  We thought it also would be useful to discuss additional situations when a member or a shareholder will be liable for the LLC’s or corporation’s obligations. Florida courts, like many other U.S. jurisdictions, recognize a doctrine often called “piercing the corporate… Read More »

Facebook Twitter LinkedIn Google Plus

How Do I Become a Member of an LLC?

By McCabe Rabin, P.A. |

Becoming a member of an LLC is relatively simple.  The requirements for becoming an LLC member vary slightly, however, depending on whether the member is joining at the formation of the LLC or later. At formation, when the LLC will have only a single member, a person may become a member of the LLC… Read More »

Facebook Twitter LinkedIn Google Plus

Member’s Exposure to Liability for Owning an Interest in an LLC

By McCabe Rabin, P.A. |

Under the Florida Revised LLC Act, a debt, obligation or liability of an LLC is solely the responsibility of the LLC and a member cannot be held personally liable solely because of the member’s status as a member.  In addition, an LLC’s failure to observe formalities relating to the exercise or management of the… Read More »

Facebook Twitter LinkedIn Google Plus
Share This Page:
Facebook Twitter LinkedIn Google Plus