Business Litigation Blog
What Are The Consequences And Standard For Spoliation Of Evidence?
If you are anticipating litigation, or are already involved in pending litigation, you should strongly consider changing the settings of your electronic devices to avoid accusations of spoliation later on in the litigation. The term “spoliation” refers to the destruction or significant alteration of evidence, including the failure to preserve evidence. To ensure that… Read More »
The Supreme Court Overhauls Florida’s Summary Judgment Rule: What Are the Top Ten Most Significant Changes in the New Rule?
Effective May 1, 2021, the Florida Supreme Court adopted substantial revisions to the rule governing motions for summary judgment.[1] While the rule number (i.e., 1.510) remains the same, Florida’s high court otherwise overhauled the rule in its entirety, including adopting the federal standard for summary judgment that has applied in federal court for 35… Read More »
Florida Employer Non-Solicitation & Non-Disclosure Agreements
During the COVID-19 pandemic, many people found themselves in a situation where they either were let go from their job or they decided to leave their job. As a result, some of these people faced a predicament where they were subject to a non-compete, non-solicitation, or non-disclosure agreement that they signed while still employed…. Read More »
An Update on Pandemic-Related Contract Litigation
Earlier this year, we wrote about “acts of God” and force majeure clauses. At the time, we anticipated that the Covid-19 pandemic and resulting shutdown orders would lead to significant litigation regarding these terms. While the pandemic is now in its eighth month, courts have begun rendering opinions on whether the pandemic will excuse… Read More »
Jury Trials in the Covid-19 Pandemic
Jury trials in Florida have been suspended since March 16, 2020, and as of early August, the Covid-19 pandemic shows no signs of abating. At a virtual meeting of the Florida Bar Board of Governors on July 17, in fact, Chief Justice Charles Canady indicated that it is “unrealistic” that jury trials will resume… Read More »
Does a Force Majeure Provision Excuse Performance of a Contract Due to COVID-19?
This blog is a follow-up to our previous blog: Is Covid-19 an “Act of God” Excusing Performance of a Contract? Many contracts contain an obscure provision that allows for non-performance of the contract due to circumstances beyond the parties’ control. These provisions are typically called “force majeure” provisions, and they are often overlooked or… Read More »
Is Covid-19 an “Act of God” Excusing Performance of a Contract?
Florida courts have long recognized that “acts of God” may provide a legal justification for nonperformance of a contract. What constitutes an “act of God,” however, evades precise definition. The Florida Supreme Court has described an “act of God” for purposes of a contract as follows: An act of God, such as will excuse… Read More »
What is a Shareholder’s Agreement and Do I Need One?
We’ve previously written about the value of having an operating agreement governing the operations and management of LLCs. For instance, an operating agreement setting forth the role of each LLC member and creating dispute resolution mechanisms can often help to resolve future disputes. Not every business is an LLC, however. Under Florida’s Business Corporations… Read More »
The New Face of the Florida Business Corporation Act
After about 30 years, Florida’s corporation laws are finally getting a facelift. The recent overhaul of the Florida Business Corporation Act, Chapter 607, Florida Statutes, (“FBCA”) seeks to fix issues regarding the existing corporate statute’s effect on litigation, to bring the FBCA more in line with the Model Business Corporation Act, and to make… Read More »
Beware of Federal Liability for Email and Social Media Hacking During a Divorce
When a couple is going through a divorce, it is common for tensions to run high and emotion to cloud good judgment. Add into the mix a spouse’s concern that the other spouse may be having an affair, hiding assets, or manipulating the couple’s children, and the first spouse (the “snooping spouse”) may feel… Read More »