Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written […]
One of the biggest legal mysteries for non-lawyers, even for experienced and sophisticated businesspeople, is the process of arbitration. The term gets used a lot, but few actually know what the process entails, and most people are usually apprehensive about going through an arbitration in a way they aren’t with […]
A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. And by having an experienced contract law attorney in your […]
Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law […]
Does your website have to be ADA compliant? Title III of the American’s With Disabilities Act (“ADA”) provides that people shall not be discriminated against on the basis of disability in the “full and equal enjoyment” of goods, services, privileges, facilities or accommodations. Under Title III, private businesses must make […]
As technology makes the word smaller, it becomes more and more important for companies to protect trademarks. The Lanham Act (15 U.S.C. §1051) protects owners of registered trademarks from use in commerce by another that is “likely to cause confusion or mistake or to deceive purchasers as to the source […]
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.