In the past year, the Haber Law litigation department has been asked a number of times a relatively straightforward question, “is it illegal to record someone without their consent?” A simple question does not always elicit a simple answer, as is the case here. The nuances of this issue are extremely detailed and involve a […]
Tag Archives: Business Litigation
Avoiding rabbit holes – A short guide for clients
A rabbit hole, in the legal business, may be defined as an unnecessary sojourn into an unrelated matter not connected to the client’s ultimate goal. Lawyers are famous for heading into rabbit holes, sometimes at the behest and with the encouragement of their clients and sometimes of their own accord. The question we raise is […]
Uniform Partition of Heirs Property Act
Imagine a scenario in which you, your sister, and your brother inherit a valuable piece of commercial property in Miami which you own together. The property has been in your family for generations, and upon your parents’ passing, you receive a 33.3% interest in the property together with your siblings. In essence, you all own […]
Winning is Just the First Step: A Quick Look into the Post-Judgment Collection Process
After a grueling 4-day trial full of witnesses, questioning, and jury deliberation, the Judge finally announces, “Verdict in favor of the Plaintiff.” You are elated, the Judge just told you that you won your trial and the defendant you sued for property damage owes you $250,000.00. Now you can finally relax. You are expecting the […]
The Declaration in Your Condominium is a Contract and You Should Read it Before You Buy
For many first time condominium purchasers, a declaration of condominium can seem like another hundred page paper that is incidental to the real estate transaction. What many condominium purchasers and current owners fail to realize is the reality of the document itself and the nature of the relationship it creates between you and your condominium […]
Litigation Privilege: Your Right to Speak the Truth in a Court of Law
Imagine you have filed a lawsuit against the former contracting company completing renovations on your commercial property. In the midst of litigating your case, you hear a knock on your door. It is a process server delivering a complaint filed against you by your former contracting company for tortious interference and defamation. Your former contracting […]
Mom Loved Me More Than She Loved You – Undue Influence Claims Relating to the Execution of a Will in Florida
You may be surprised to learn that the question of who was the favorite son or daughter persists, even after death. The adage that “death ends all arguments” sometimes does not apply when the issue of sibling rivalry arises in estate planning. Will contests, based upon the claim that one heir exercised an unfair level […]
When and How Should Equity Splits Between Co-Founders Be Formalized?
According to Harvard Business School professor Noam Wasserman, 65% of startups fail due to partner conflicts. Going into business with partners offers many benefits, but when you disagree on critical business decisions, it can result in some very negative consequences, including the dissolution of the partnership. When to Formalize Co-Founder Equity Splits As soon […]
What to Do If You’re Sued for Breach of Contract
Contracts are a normal part of business and are designed to ensure everyone keeps up their end of the bargain. However, there are occasions when it becomes impossible to abide by the rules of the agreement, and one party may sue the other for breaking a contract. That is when you need a contract lawyer. […]
Consequences of Breaking a Contract
Breaking a contract is a serious matter. It can have far-reaching consequences, including financial losses. If at all possible, it’s essential to try to avoid any breach of contract and work things out amicably first. What Does Breach of Contract Mean? When you sign a contract with someone, you are legally agreeing to specific […]
How to File a Lawsuit Against a Company
Florida law allows companies the right to terminate an employee for any reason. However, that does not mean the company can violate the person’s rights. In some situations, someone getting fired falls under the category of wrongful termination. At-Will Employment At-will employment means that your employer can fire you for any reason unless you […]
Legal Issues for Restaurant Owners
The current pandemic has ravaged the restaurant industry and has caused hardship on a scale not previously imagined. It used to be that a restaurant owner’s most cherished assets were its investors, its chef, or its best Maître D. Now, in the current crisis, a restaurant owner’s best friend may be its lawyer. The Coronavirus […]
Considerations in Settling Cases (Mediation/Settlement Conferences)
Mediation is an alternative dispute resolution (ADR) method, where the participants meet with a third party (mediator) to negotiate a potential settlement. The mediator is required to be unbiased, and he or she does not work for either side. The mediator listens to each side’s position and helps to facilitate a voluntary resolution to the […]
What is a Contract Provision “Material Term?”
In any business litigation involving a breach of contract claim, it is crucial that the attorneys on the case perform an analysis as to whether the breached contract provision is a “material term.” If the provision is not a material term, it is possible that the claimant might not be entitled to any damages at […]