Category Archives: Corporate Law
How “Restrictive Covenants” Work In Florida
Employment is usually “at-will” in Florida. In other words, an employer is free to fire an employee, or an employee is free to quit and seek employment elsewhere. In many cases, a former employee will find work with another firm that is a direct competitor with the former employer. Some employers want to protect… Read More »
McDonald’s Wins Largest Adjudicated Case in the History of National Labor Relations Board & Sets Precedent for Franchise Business Model
In December, McDonald’s Corp. won a major battle in a multiyear legal battle with labor unions concerning alleged corporate labor violations at its many franchise restaurants. The ruling absolves the company of any direct responsibility as a joint employer when it comes to contracted labor, indicating that, without strong evidence that companies directly control… Read More »
Why S Corporate Status Makes Sense for A Number of Small Businesses
Most business owners choose to initially choose to form as a sole proprietorship because it costs less and there is less bureaucracy. However, many also switch to either a C corporation or a limited liability company (LLC) at some point in order to benefit from additional protections. While we have previously discussed the advantages… Read More »
Where New Technology Could Place Your Business at Risk
While new technology is expected to solve a number of our problems–from reducing human error to growing the global economy–it is also expected to have a significant effect on corporate liability, commercial litigation, insurance litigation, and product liability claims. As the industry grows in complex technology, companies and insurers need to make sure that… Read More »
Battle Emerges Over Arbitration Clauses in Business Contracts with Consumers
Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks. As a result, in July, the U.S. Senate… Read More »
Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits
On May 22, 2017, the U.S. Supreme Court made a unanimous decision that is being hailed by large technology companies and other patent holders, who have arguably been victimized over the years by what are known as “patent trolls,” or smaller companies that purchase patents only in order to demand royalties and sue for… Read More »
The Legal Ramifications of Lax Oversight at Wells Fargo
Wells Fargo has received its fair share of public scrutiny lately due to lax oversight and various legal violations associated with overseeing banking practices and the bank’s sham accounts scandal. Starting around 2004, internal investigations revealed an increase in “sales gaming cases,” whereby bankers were moving money into and out of customer accounts in… Read More »
Florida Court of Appeals Upholds Protection of Insurance Company’s Trade Secrets
On Monday March 20th, a Florida appeals court sided with State Farm Florida concerning a dispute over whether insurance policy information can technically be considered a “trade secret” shielded from public disclosure. Insurance policy information frequently contains confidential business information which, if viewed by other companies, could provide them with a competitive advantage. While… Read More »
Eleventh Circuit Confirms Businesses Protected From Tort Liability in Some Product Liability Cases
The Eleventh Circuit (which includes Florida) recently confirmed a rule early codified into contracts law known as the Economic Loss Rule, which prohibits a plaintiff from recovering under a torts-based claim (such as a claim for negligence) when a product defect fails to cause personal injury or property damage. Although the Florida Supreme Court… Read More »
