It has become common practice for businesses to include arbitration provisions within agreements. Arbitration provides businesses a more efficient and less costly alternative to expensive, time-consuming litigation. Normally, arbitration provisions are drafted very broadly to cover all disputes or controversies that could arise between the contractual parties, commonly using the wording “arising from” or “relating…
Continue reading ›Prospective business purchasers should diligently verify the accuracy of a sellers representations because misrepresentations made by sellers sometimes are inactionable under Florida law. Florida courts routinely apply the doctrine of caveat emptor, otherwise known as the buyer beware doctrine, to preclude misrepresentation claims that arise out of commercial transactions. See Transcapital Bank v. Shadowbrook at…
Continue reading ›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…
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