Articles Posted in Business Litigation

Court rooms can be similar to high schools. There is a dress code, albeit unspoken, and there are certain norms to be observed. One unspoken rule is that if an attorney stands out from the other lawyers as being different or out of the loop, it isn’t necessarily a good thing. This is one reason […]

Florida does not require Limited Liability Companies (LLC’s) to have an Operating Agreement. So why is it recommended, and important, to have one? An Operating Agreement is the governing document of an LLC, which sets forth the rules and structure for operating the LLC  as well as the relationship among the members and between the […]

Business divorces, like marital divorces, can be ugly, especially when one of the parties engages in misconduct or otherwise acts unruly. In Florida, limited liability company (“LLC”) members can remove other, unruly or rogue members by expulsion if the LLC’s Operating Agreement provides a method for expulsion, as well as under certain circumstances pursuant to […]

Under Florida law, an insured may sue their agent for negligence, breach of contract, breach of fiduciary duty, and misrepresentation, as the circumstances permit, when there is no coverage or inadequate coverage procured for the loss sustained.  Generally, under Florida law, an insurance broker undertaking to procure insurance for an insured is required to use […]

What is a “qualifying agent” and why does it matter? If you are thinking about starting a construction contracting company, or are the present owner of such a company, you will need a “qualifying agent” in order to operate your business. Unless a contractor falls under one of the exemptions under Florida Statute Section 489.103(1), […]

It is not uncommon that a business and commercial property owners are unaware that they do not have any or enough insurance coverage for losses that they thought were insured under their insurance policies, until the claim is denied by the insurance carrier or, after incurring attorneys’ fees and costs in a coverage lawsuit, a […]