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Category Archives: Business Litigation

Are Professional Corporations and LLC Companies Alike?

By McCabe Rabin, P.A. |

Professional Corporations and Limited Liability Companies – Like Ordinary Corporations and LLCs, Sort Of. Like many other states, when licensed professionals – like doctors, lawyers, dentists, accountants, architects, and insurance agents, to name a few – form companies to do business, they do not form your run-of-the-mill corporation or LLC.  Instead, they form professional… Read More »

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Five Tips for Taking a Corporate Representative Deposition

By McCabe Rabin, P.A. |

One of the most effective tools for a party taking discovery in Florida state court is taking the deposition of the corporate representative of a party or non-party corporate entity.[1] This form of deposition allows a party to avoid having to depose numerous witnesses to determine a corporation’s position on various issues in the… Read More »

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Putting Down a Deposit? Beware of Liquidated Damages Clauses

By McCabe Rabin, P.A. |

Florida Contract Law: Liquidated Damages Clauses In a nutshell, a liquidated damages clause in a contract sets forth a specific sum of money that one party can collect or retain if the other party breaches the contract. The point of such a clause is to settle on an amount of damages ahead of time… Read More »

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The Myth of the Closely-Held Corporation

By McCabe Rabin, P.A. |

Florida Law: Closely-Held Corporations A closely-held corporation, also called a close corporation, is generally defined as a corporation in which the stock is not freely traded and is held by only a handful of shareholders. While this term has been used frequently by Florida courts to describe small, family-held corporations (a single search on… Read More »

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Help! Someone Has Served Me With a Subpoena For My Bank Records!

By McCabe Rabin, P.A. |

Served With Subpoena for Bank Records? Business Litigation Law Firm shares the following tips: Occasionally, we will get contacted by clients who have been served with a subpoena demanding that person or business turn over its general ledgers, bank statements, tax returns, or other financial records. They often question whether they are, in fact,… Read More »

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If I Bring a Lawsuit, Can I Force the Other Party to Pay My Attorney’s Fees?

By McCabe Rabin, P.A. |

As business litigators, we frequently get asked if there is a way to force the defendant (or the plaintiff, as the case may be) to pay our client’s attorney’s fees for the time spent litigating a case. The answer, like so many questions, depends on the circumstances. The so-called “American Rule” of attorney’s fees… Read More »

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Federal Court vs. State Court: What are the Differences for Litigating a Business Case?

By McCabe Rabin, P.A. |

Litigating a business case in federal court often has key differences from litigating a business case in state court. Here are some of the key differences: Federal judges are often less flexible with scheduling Federal judges often are actively involved in managing their trial dockets and schedules. One way of saying it is that… Read More »

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What Does the New Federal “Defend Trade Secrets Act” Mean for Employers and Employees?

By McCabe Rabin, P.A. |

In the near future, President Obama is expected to sign the bill that flew through Congress with little opposition, titled the “Defend Trade Secrets Act of 2016” (“DTSA”). The DTSA will federalize employers’ rights to enforce claims for misappropriation of trade secrets against departed employees, among others. The impact of the statute will be… Read More »

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Are “Conspiracy Theories” Viable in Civil Cases?

By McCabe Rabin, P.A. |

We’re all familiar with the phrase “conspiracy theory” from the movies and John Grisham novels. We also know that such theories are commonly used in federal and state criminal courts to allege a host of jointly committed crimes. But do conspiracy theories apply in civil cases? Yes, in fact, a specific cause of action for civil… Read More »

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Unanimous Member Consent Required to Amend an Operating Agreement

By McCabe Rabin, P.A. |

Since January 1, 2015, the Florida Revised LLC Act (“Revised Act”), Chapter 605, Florida Statutes, governs all limited liability companies organized under the laws of Florida. § 605.1108(2), Fla. Stat. In a “manager-managed” LLC, “a matter relating to the activities and affairs of the company is decided exclusively by . . . the managers,… Read More »

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