Category Archives: Business Litigation
What to Do When a Shareholder of A Florida Corporation Files for Dissolution
While there can be an unlimited number of shareholders of any given corporation, all shareholders are not going to have the same opinions, thoughts, or feelings on how the corporation should be run. Inevitably, this may lead to shareholder disputes. If a shareholder so strongly disagrees with how the corporation is being run, there… Read More »
Adoption and Implementation of Civil Differentiated Case Management Administrative Order 3.110 (“AO 3.110”) – Effective September 1, 2023
AO 3.110 replaces AO 3.107 – Adoption and Implementation of Civil Differentiated Case Management Plan for Cases Filed on or After April 30, 2021; and AO 3.108 – Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021. Cases filed after September 1, 2023 will… Read More »
The Privilege Affirmative Defenses Against Tortious Interference Claims
Florida law recognizes claims for both tortious interference with a business relationship and tortious interference with a contractual relationship. These claims commonly arise in the business context when an outside business unjustifiably interferes with another business’ contract or business relationship with a third party. “Essentially, a claim of tortious interference with a contract and… Read More »
Substantial Amendments to Florida Laws Regarding Marketing Calls and Text Messages
As previously discussed here, Florida has specific laws related to how businesses can promote their goods and services through telephone or text-message marketing to Florida consumers. These laws are referred to as the Florida Telephone Solicitation Act (“FTSA”).[1] The Florida Legislature, however, recently amended the FTSA to curb the flood of litigation that resulted… Read More »
Adobe Inc. and U.S. Department of Justice Settle False Claims Act Case for $3 Million
On April 13, 2023, the United States Department of Justice (the “DOJ”) announced it reached a settlement with Adobe Inc. (“Adobe”) whereby Adobe agreed to pay $3 million to resolve False Claims Act allegations made against it by former Adobe insiders.[1] These allegations centered on Adobe making payments “in violation of the Anti-Kickback Act… Read More »
Nearly Two Years Under Florida’s New Summary Judgment Standard: Appellate Courts Regularly Affirming Summary Judgment
May 1, 2021, the effective date of Florida’s amended summary judgment standard under Rule 1.510 (“New Rule”), turned the tide in terms of how Florida courts must adjudicate motions for summary judgment. Notably, whereas under the prior standard, “the existence of any competent evidence creating an issue of fact, however credible or incredible, substantial… Read More »
Are Your Company’s Marketing Calls and Text Messages Compliant with Florida Law? Are You Sure?
Any business that promotes its services through telephone or text-message marketing to Florida consumers must now be wary of the Florida Telephone Solicitation Act (“FTSA”).1 In July 2021, the Florida Legislature enacted a newly expanded version of the FTSA, and as a result, hundreds of lawsuits alleging violations of the statute have flooded the… Read More »
Tips for an LLC to Protect Against a Former Manager’s Claim for “Advancement” of Attorney’s Fees and Costs When the Former Manager Acted in Bad Faith
Under Florida law, a former manager of an LLC may have the right to require the LLC to indemnify his or her attorney’s fees and costs in a lawsuit in which the former manager has been sued as a defendant. In addition, depending on the language of the LLC’s operating agreement, the former manager… Read More »
What are the Rules for Filing “Confidential Information” in the Court File in Florida?
As of July 1, 2021, all filers of documents in a case are responsible for redacting or identifying for redaction all court documents filed in circuit civil, county civil and small claims in the Fifteenth Judicial Circuit pursuant to amended Rule of Judicial Administration 2.420. In this regard, if any document filed with the… Read More »
Firm Prevails In Trade Secret Action on Behalf of Second Largest CBD Retailer in the United States
The firm recently prevailed in the defense of its client in a multiparty federal court action in which the Plaintiff sued the second largest CBD retailer in the U.S., for misappropriation of trade secrets and deceptive and unfair trade practices. The case, Healthcare Resources Management Group, LLC v. Medterra CBD, LLC et al. (Case… Read More »