Derivative litigation occurs when a shareholder sues another shareholder, officer, or director of the company for misconduct that harms the company. In many derivative lawsuits, the facts are similar: the majority in control of the company commits some wrongdoing (i.e. stealing corporate funds or misdirecting corporate opportunities), and the minority […]
Far too many of us fail to take the time and effort to set up a basic estate plan in the event of an untimely passing. It’s easy to understand why. No one wants to think about how their estate is handed down after they pass away. In spite of […]
On January 6, 2022, the Supreme Court of Florida adopted an amendment to Rule 9.130, Florida Rules of Appellate Procedure, authorizing the immediate appeal of nonfinal orders that grant (or deny) a plaintiff’s motion for leave to amend its complaint to assert a claim for punitive damages. This new rule […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders, or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]
In Florida, non-competes may be enforced by professional service providers so long as they are reasonable in time, area, and line of business. In addition, the non-compete must also protect a “legitimate business interest,” as defined by Section 542.335 of the Florida Statutes. The statute defines legitimate business interests through […]
Professional service providers in the state of Florida find themselves in precarious legal situations often given the nature of their work. Because these companies are providing advice, consulting, or other services based an employee’s individual qualifications or relationships, there is always an opportunity for the individual to act in his […]
Many businesses require their employees to sign non-compete agreements, as a condition of their employment. In Florida, those non-compete agreements and their enforceability are governed by Section 542.335 of the Florida Statutes. As discussed more fully below, referral sources and patient and customer lists can be legitimate business interests warranting […]
Most lawyers can recite the elements for a cause of action for breach of contract. However, not as many lawyers can explain the effect of a prior material breach on a contract. This article analyzes prior material breaches and the effect on future performance of the contract. Many of the […]