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Rock, Paper, Scissors, Shoot: Deadlock-Breaking Mechanisms in Limited Liability Companies

April 10, 2017 Professional Services Industry Legal Blog

A well thought out and properly drafted LLC operating agreement will deliver deadlock-breaking mechanisms that will aid the members of LLCs in avoiding the need for expensive, prolonged, and disrupting litigation. However, if the operating agreement fails to deliver deadlock-breaking mechanisms or these mechanisms fail, resorting to the judiciary and alternative dispute resolution offers members flexible substitutes to achieve a resolution through adversary proceedings.

Compensatory Damages under Florida’s Uniform Fraudulent Transfers Act

March 27, 2017 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Once the creditor obtains a decree from the court that the debtor made a fraudulent transfer, the creditor may collect on its claim under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”), which provides creditors with various remedies. See a previous blog post on the various remedies under FUFTA, Remedies for Creditors […]

Can an Individual be Served by Certified Mail in Federal Court?

March 16, 2017 Professional Services Industry Legal Blog

Service of process is likely an issue about which many attorneys and parties don’t give much thought; it’s a standard procedure conducted hundreds if not thousands of times a day across the country, and is usually done through a professional process server. However, when attorneys deviate from the standard procedure of sending a lawsuit to a process server and allowing them to effectuate service, whether due to cost or strategic considerations, it is easy to run afoul of the Florida and Federal Rules of Civil Procedure.

Elements of Proof for Fraudulent Transfers in Florida: How to Determine if a Transfer was Fraudulent

March 14, 2017 Banking & Financial Services Industry Legal Blog, Professional Services Industry Legal Blog

Creditors may become frustrated when they discover a debtor has engaged in an unfair transaction that hampers their ability to collect payment. However, creditors are not without remedy in the event that there has been some funny business with the debtor’s finances. Regardless of the debtor’s intentions behind the questionable […]

Fee Multipliers in Florida: The Basics

March 13, 2017 Professional Services Industry Legal Blog

In a contingency case there are certain circumstances in which an attorney’s fee award can be increased through the use of a multiplier from 1.5 to 2.5.[1] Recent cases have limited the applicability of the use of a multiplier in Florida. However, careful navigation of the current case law gives some guidance of the types of cases in which a multiplier is appropriate and in which a multiplier is not appropriate.

E-Discovery Terminology for Every Litigator

March 7, 2017 Professional Services Industry Legal Blog, Technology Industry Legal Blog

On September 29, 2016 the Florida Supreme Court amended rules 4-1.1 and 6-10.3 to the Rules Regulating The Florida Bar. As a result, Florida attorneys will now be required to obtain 3 credit hours of CLE in approved technology programs. Further, language was added to the Comment to Rule 4.1.1 Competence, which reads as follows:

Competent representation may also involve the association or retention of a non-lawyer advisor of established technological competence in the field in question. Competent representation also involves safeguarding confidential information relating to the representation, including, but not limited to, electronic transmissions and communications.

What does this mean for litigators dealing with electronic evidence? I like to say that the realm of eDiscovery is a melding of legal and IT, two groups of professionals who speak different languages, and who under typical circumstances do not care to speak the language of the other. We have all heard that attorneys speak legalese, and we know of the “IT speak” that flies over the heads of IT industry outsiders. How can we manage the additional eDiscovery industry terminology that is a necessary part of the conversations between IT and legal that surround litigation or a government investigation? At the time of my entry into the field of eDiscovery in 2013, I had not even heard of the term metadata, much less jargon like DeNIST, TIFFing, load file, and so on.

An Overview of Florida’s Deceptive and Unfair Trade Practices Act, Part I: What is FDUPTA, Who Does it Protect, Why is it Needed, and What is Actionable?

February 17, 2017 Professional Services Industry Legal Blog

Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) was passed by the Florida Legislature in 1973, and was designed as a state law complement to the Federal Trade Commission Act. 15 U.S.C. § 45. FDUTPA, sometimes referred to as the “Little FTC Act,” provides private remedies based on consumer protection […]

Remedies for Creditors Under FUFTA Chapter 726 – Part II: How much is a Fraudulent Transferree Liable For?

January 31, 2017 Professional Services Industry Legal Blog

In Part I of this two-part series, we analyzed who may be liable under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) and the broad categories of what transferors and transferees may be liable for. In this blog post, we seek to asses exactly what those transferors and transferees may be liable for if a money judgment is imposed.

Remedies for Creditors under FUFTA Chapter 726 – Part I: Who may be Liable

January 27, 2017 Professional Services Industry Legal Blog

Simply put, Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) is a “powerful remedy.” See Brandon C. Meadow’s in-depth blog, Are Florida’s Fraudulent Transfer Claims Subject to Equitable Tolling? But what good is this powerful remedy if creditors do not understand what exactly it can do for them in light of misconduct by debtors? This blog post seeks to show creditors what rights and options they have for unwinding transfers and obtaining payback against those who assets were fraudulently transferred to.

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