The purpose of this article is to provide a general overview of Florida law on attorney’s fees and attorney’s fees multipliers. The breadth of this topic is such that a comprehensive review of all aspects of attorney’s fees is not possible in this article. Multi-volume treatises have been written on […]
Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes. Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law. In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately […]
The indemnification provisions are among the most heavily negotiated portions of a purchase agreement, yet business owners may be tempted into thinking they are simply something lawyers like to argue over without realizing their importance. The indemnification provisions deal with the issue of what rights the acquirer have when it […]
Last month, I posted a brief overview blog regarding the drafting and negotiating of the purchase and sale agreement in an M&A deal. Then I began a series detailing three of the most important sections of the purchase and sale agreement: (1) the economics, (2) representations, warranties, and disclosure schedules, and (3) indemnification. This blog on the representations, warranties, and disclosure schedules in the agreement will dive deeper into a complex part of the agreement.
Probably the most important provision of the purchase and sale agreement considering the money is what drives the deal, the economic provision must be detailed and, written with specificity and accuracy.
I initially wrote an Overview of Florida Law on Punitive Damages Claims in Business or Commercial Litigation a few years’ ago. This article is meant to build upon the information provided in my initial article. In Federal Court, there is no requirement to proffer evidence of punitive damages prior to seeking financial net worth discovery. It is really important to understand this concept because in Federal Court it is much more difficult to prevent financial discovery then in State Court.
In the context of a sale or purchase of a company, the “definitive agreement” is usually an asset purchase or stock purchase agreement. The agreement is where many of the most important decisions are made, including pricing and payment.
Despite the fact that the Florida Constitution mandates a right to public records, the process of obtaining public records can be, to say the least, frustrating. Citizens are often forced to wade through an array of statutes, rules, and court interpretations to exercise their constitutional right. As a result, the […]
Due to the adversarial nature of litigation, settling a case at mediation can often be a daunting task. Hence, the common expression of a “good settlement is one where both sides are unhappy.” Emotions run high on both sides. Sometimes, these emotions can continue to run long after the case […]
To bring a suit against a foreign corporation, or anyone for that matter, the court must be a “proper venue” for the suit. Essentially, just because a state has jurisdiction does not mean that a plaintiff can pick whichever court he wants. Without a proper venue, the lawsuit cannot proceed. […]