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Bankruptcy 101: What Secured Lenders Need to Know About Common Bankruptcies

April 23, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

Bankruptcy filings indicate a debtor’s lack of working capital and, justifiably so, strike concern into any lender still hanging on to a promise of payment from their debtor. But, depending on the creditor’s agreement with the debtor and the creditor’s actions after payment default, a creditor could recuperate collateral assets […]

Treatment of Commercial Leases in Bankruptcy

April 21, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

The novel coronavirus pandemic and related government “stay at home” and “shelter in place” orders are causing serious negative financial impacts to business of all types.  Many of the hardest hit industries, such as restaurants and retailers, are industries in which a large portion of the business may be operated […]

What Litigants Need to Know About Retrials of Civil Cases in Florida

April 20, 2020 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

A retrial in a civil case is not an everyday occurrence, even for frequent litigants like financial services or insurance companies. This article is meant to guide those who frequently access the court system in navigating through these rarely traveled waters. This article will first consider retrials generally and the […]

Commercial Evictions 101

April 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

One of the most important considerations for commercial property owners and managers is maintaining tenant occupancy.  However, commercial property owners and managers will inevitably encounter tenants who refuse to pay rent or who refuse to vacate the premises after the lease term has ended.  In these situations, the owner or […]

Understanding The FFCRA and CARES Act: What it Means for You, Your Business and the Economy

March 31, 2020 Florida Business Litigation Blog, Healthcare Industry Legal Blog

Over the past month, COVID-19 has caused significant damage to U.S. businesses and workers. In response, the federal government has sought to stem the tide with measures designed to keep companies solvent, workers retained and compensated, and unemployed individuals above water. Measures of this scale, however, are complicated and have […]

Cyber Crime and Computer Fraud Insurance: Is Your Business Covered?

March 24, 2020 Florida Business Litigation Blog, Insurance Industry Legal Blog, Technology Industry Legal Blog

In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company.  Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these cyber crimes is to have the appropriate information technology and […]

Mitigating Commercial Losses From the Reaction to the Coronavirus (COVID-19)

March 16, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

In addition to the concern over actually contracting the Coronavirus (“COVID-19”), business owners have additional concerns, to wit:  how the reaction to COVID-19 will impact their business and how they can protect their business and mitigate losses during this volatile time.  Much of these concerns are created not by contracting […]

Construction Project Notice and Documentation: The Sword and the Shield

February 27, 2020 Construction Industry Legal Blog, Florida Business Litigation Blog

Almost every construction contract or subcontract contains provisions regarding the manner in which notice must be provided to the other party under the contract regarding significant issues on the construction project, including delays, unforeseen conditions, or other claims.  Compliance with such notice requirements, together with contemporaneous documentation during the project, […]

Does the Failure to Provide Adequate Parking Constitute a Material Breach of a Commercial Lease Agreement?

February 25, 2020 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Adequate parking is essential to most businesses.  Sufficient parking is needed for a business’s employees, customers or vendors.  Most commercial lease agreements will address parking or will address common areas, which may include parking.  Depending on a tenant’s business, adequate parking may be a material term of the commercial lease […]

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