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Protect Yourself with a Joint Venture Agreement

By: Ghada Skaff Posted on: Thursday, February 27th, 2014

It is important to have a Joint Venture Agreement (JVA) drafted by a business lawyer when entering into a joint business venture. By doing this, it will protect you and it makes each partner accountable to have the fiduciary duty of the “finest and highest loyalty” to every partner. You can help prevent future litigation issues by having a business lawyer draft this agreement when first going into business.

BP Trying to Save Money Via Federal Appeals Court

By: Jeff Lieser Posted on: Sunday, January 19th, 2014

BP is still pursuing the elimination of claims stemming from the Deepwater Horizon explosion that to not show causation for the company’s loss of business. They are in the process of filing an emergency appeal to the trial court’s ruling that they cannot bring up the “causation” issue so late in the process.

Five Reasons to Bring a Quiet Title Action

By: Ghada Skaff Posted on: Wednesday, December 18th, 2013

A quiet title action is a lawsuit in which the plaintiff asks the court to declare that the plaintiff has sole legal title to a piece of property.  In the lawsuit, the plaintiff should name any person or entity that might possibly have an ownership claim to the property as a defendant. Here are some

What BP Is Appealing And Why

By: Jeff Lieser Posted on: Thursday, August 1st, 2013

Introduction

As you likely know, under the terms of the Settlement Agreement, Gulf Coast and Florida Keys businesses may have a compensable BP oil spill claim if they suffered losses during certain periods in 2010 when compared to prior years.

More than one-third of all the claims filed are from Florida, so the

Fighting a Non-Compete Employment Agreement in Florida

By: Jeff Lieser Posted on: Saturday, June 8th, 2013

Non compete agreements between employers and employees provide oftentimes necessary protection for employers to feel safe sharing trade secrets and customer access. They can also severely limit the ability for employees to grow into another job opportunity with a different company and decrease leverage during pay negotiations. There are several strategies to challenge non compete agreements based upon the laws of Florida.

Abrogation of Florida’s Economic Loss Rule (ELR) and What It Means

By: Ghada Skaff Posted on: Sunday, May 19th, 2013

The Florida Supreme Court just decided to rule out the economic loss rule for determining damages associated with breach of contract. Put simply, plainiffs will have more of an opportunity to collect more damages and defendants will be exposed to more liability if fraud, unjust enrichment, or negligence is proved. Read our blog post to find out more information.

Protecting Lienors and Property Owners During Home Improvement

By: Jeff Lieser Posted on: Monday, April 15th, 2013

Both property owners and contractors involved in a property improvement construction must carry out several items to properly protect themselves in the case of a construction lien action. It is incumbent upon the property owner to make sure that all those with a construction lien are paid before paying the general contractor and the subcontractors must make proper and timely notification to the property owner that they have rights to payment.

Preventing Commercial Landlord Liability for Tenant Improvements

By: Jeff Lieser Posted on: Saturday, March 30th, 2013

Unless a commercial property owner takes specific action to prevent the possibility, they can be held liable for a construction lien generated by the improvements made by a tenant. The owner of a commercial property must include language in the lease to prevent liability for a construction lien. They must also record the lease agreement and deliver notice of it as well as keep a vigilant watch in the mail for any indication that a construction lien is being taken out on their property. For further details, please read more.