Articles Posted in Business Litigation

Franchise agreements can serve to establish a mutually beneficial relationship for the franchisor and the franchisee. Under a franchise agreement, the franchisor’s brand is allowed to grow through an independent business, i.e., the franchisee, and the franchisee is able to start a business without having to create a new product or brand. Because franchisees are…

The “American rule” holds that each party to a lawsuit will pay for his or her own attorney’s fees regardless of who prevails in the case. Unless a statute or contractual provision says otherwise, Florida courts will apply the American rule. For that reason, contracts oftentimes contain provisions stating that if litigation arises under the…

Because arbitration usually is cheaper and faster than litigation, employers often include arbitration agreements in their employment contracts. However, courts do not always enforce arbitration agreements. Although federal law favors arbitration, state and federal courts may find an arbitration agreement unenforceable for several reasons. One such reason is when the arbitration agreement contains a provision…

Trials in business disputes typically deal with documents such as correspondence, ledgers, contracts, and other business records. While those documents by themselves are often inadmissible hearsay, business trial attorneys usually get the documents into evidence via the “business records exception” to the rule against hearsay. The business record exception is based on the concept that…

In April 2013, the Mavrick Law Firm represented a victorious client in state court in Broward County, Florida. The case involved a lawsuit filed by a construction subcontractor against the general contractor in a commercial construction case. The Mavrick Law Firm successfully defended the general contractor at trial. The verdict was a complete defense verdict…

In business litigation cases, it is important to evaluate the possibility of “piercing the corporate veil,” whether from the perspective of plaintiff/creditor or defendant/debtor. While a corporate debtor might be uncollectable due to its lack of financial resources, the story does not always end with the corporation’s own balance sheet. When a plaintiff/creditor can prove…

A breach of contract typically occurs when a party to an agreement fails to perform an obligation resulting from a valid offer and acceptance. In a business context, the five most common examples of breach of contract claims are as follows: Failure to complete a job Failure to deliver goods in a timely fashion Failure…

A warranty is either an express or implied representation about the quality or fitness of a given consumer product. When a warranty is breached, it usually occurs under the following circumstances: A specific promise made by a seller or producer of a product is not honored When a product is defective or in an unsafe…

Disputes among shareholders happen for a wide variety of reasons and if not properly addressed, can result in serious financial and legal problems. In general, the specific rights and responsibilities of shareholders vary according to the particular corporate form as well as the procedures used in implementing and enforcing them. Corporations, partnerships and other business…

If you are in a business partnership with someone that seems to be failing, it is probably time to start reevaluating things. Perhaps you decided to partner up with someone based upon his or her skill-set or willingness to take on the responsibilities associated with running a successful business. However, if you answer yes to…