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How Can I Recover My Attorney’s Fees in Florida?
Almost everyone that goes into a lawsuit wants to know if they can win their attorney’s fees if they win their case. After all, who wouldn’t want their attorney’s fees covered? As a business litigation law firm in Florida, we are often asked this question by clients. Like most legal topics, the answer is…
Read MoreWhat Rights do Minority Shareholders Have in Florida?
Shareholders in the state of Florida can be broadly categorized into two groups: Majority Shareholders: Individuals or entities that own and control over 50 percent of a company’s shares, and Minority Shareholders: Individuals or entities that own and control less than 50 percent of a company’s shares Florida law grants majority shareholders the…
Read MoreHow Outside General Counsel Can Help Protect Your Business
More and more, companies are turning to outside general counsel (“GCs”) for assistance with their legal needs. In the past, the dominant trend was for companies to hire full-time in-house counsel for legal assistance. Part of this trend was related to the state of technology, as older technology made in-house arrangements much more attractive. Another…
Read MoreCourt-Appointed Receivership: Is it Better Than Bankruptcy?
If you’re facing bankruptcy for your financially distressed business, receivership may be a better option for you. A receivership is designed to protect a lender’s assets for an interim period, such as during a pending foreclosure or other litigation involving the business. Today, we will cover court-appointed receiverships, and why they may be favorable to…
Read MoreThe Process of Expelling a “Bad LLC Member” in Florida
Multi-member LLCs always have to grapple with the issue of dealing with an unruly, unlawful or otherwise dysfunctional partner. Unfortunately, LLC members sometimes fail to address the procedure for removing or expelling an unruly LLC member in their operating agreement. That being said, although establishing a removal procedure through an operating statement is ideal, LLC…
Read MoreFrazer Firm Featured in Abacoa and Alton Magazine
We are pleased to announce that Kent Frazer & The Frazer Firm are highlighted in the January 2022 issue of Abacoa and Alton Neighbors Magazine. You can read our full feature here: Abacoa and Alton January 2022 Our business is protecting yours. Reach out to our experienced business litigation attorneys at The Frazer…
Read MoreHandling Landlord/Tenant Litigation
When brick-and-mortar businesses struggle and can no longer make rent, eviction looms. Commercial landlords and tenants must understand Florida rental laws to limit revenue loss. The Frazer Firm can help guide you through the process of preventing or navigating issues related to leasing defaults. Here is a brief overview of what you need to…
Read MoreHow the New Florida Business Corporation Act Affects Shareholder Derivative Litigation
Shareholder derivative litigation involves a corporate shareholder bringing a lawsuit on behalf of the company for harm suffered by the company. This type of litigation was impacted significantly with the passage in 2020 of the revised Florida Business Corporation Act (FBCA), Chapter 607 of the Florida Statutes, in several ways. Perhaps the most significant impact…
Read MoreUnderstanding the Distinction between Direct and Derivative Shareholder Actions
Whether a shareholder or member of a company can bring a derivative action or direct action against another shareholder or member is a critical matter when corporate wrongdoing or misconduct has occurred. A derivative action involves claims asserted on behalf of the company itself against the bad actor – the company itself is the actual…
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