Contracts

January 9, 2018

BANKRUPTCY’S FRESH START

For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment […]
December 21, 2017

WHAT TO MY WONDERING EYES SHOULD APPEAR…

… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying […]
October 26, 2017

HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

Limited liability is the cornerstone of modern, corporate free enterprise.  It means the entrepreneur puts no more of their personal fortune at risk than they invest […]
October 17, 2017

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business […]
August 17, 2017

FIRE THEM! OR CAN YOU?

In the wake of the events in Charlottesville, a question came up in the business community.  Can you fire someone for being a white supremacist? The […]
August 4, 2017

THE SCOURGE OF PROFESSIONAL PLAINTIFFS

The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those […]
August 3, 2017

BUT WE’RE FAMILY!

We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? […]
July 25, 2017

YOU’RE ON JURY DUTY. NOW WHAT?

If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if […]
July 19, 2017

DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality […]
February 10, 2017

DOWN IN THE TRENCHES

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but […]
January 31, 2017

CHOOSE YOUR REGISTERED AGENT CAREFULLY

For businesses, the first quarter of each year brings a number of fiscal and legal obligations.  A business must, for instance, file its Annual Report with […]
January 24, 2017

HOW THE YEAR ENDED

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules […]
January 22, 2016

A COMMA’S REVENGE

Think of the comma, that small, underused, throwaway punctuation mark.  How unimportant, how easy to ignore it is.  But like nerds in a bad 1980s movie, […]
August 25, 2015

ARBITRATION STILL A BAD IDEA IN BUSINESS CONTRACTS

Florida recently amended its Arbitration Act, mostly to put it in line with the federal version.  Reading the changes’ review in the Florida Bar Journal only […]
August 11, 2015

PRIVATE RIGHTS AND PUBLIC GOOD

Some U.S. Supreme Court cases turn on the meaning of a single word.  In those instances, Justice may appear to rule, concur, or dissent based on […]
May 21, 2015

GOOD FAITH

The enforcement of private contracts is the cornerstone of both business and business law.  And the terms of a contract will be enforced at face value.  […]
April 2, 2015

MOVING IN

Two star-struck lovers spending so much time with each other that they start wondering (perhaps with some trepidation) whether they have actually moved in together is the […]
December 2, 2014

THE SMALL PRINT

Terms and conditions in small print at the back of a contract have such a bad reputation that “small print” has become a shortcut to describe […]
November 25, 2014

IF YOU MUST ARBITRATE, ARBITRATE WELL

Our readers will are aware of our distaste for arbitration in any other context than some consumer industries.  Resolving a legal dispute before a referee whose decision, […]
August 20, 2014

FAIR WARNING

Many business owners we have worked with have asked us about arbitration at one point or another.  For various reasons, arbitration still has a good name. […]
July 9, 2014

TAKING YOUR TIME FOR INTERNATIONAL DEALS

Taking one’s time when negotiating a commercial deal is always a good idea.  Too many contracts that start out as well thought out documents end up […]