Basics of E-Discovery for Small Businesses

e discovery small business litigation

Electronic discovery, or “e-discovery,” is an increasingly important aspect of business litigation. Prior to the advent of the digital age, discovery consisted of physical documents being requested, collected, reviewed, and then potentially used in a litigation dispute.  Given the rise of information technology, and especially electronic file storage and cloud backup, physical documents often comprise a minor portion of relevant documents in…

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Domestication of Out-of-State Judgments under Florida Law

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In our previous post, we discussed the rules involved with enforcing a monetary judgment here in the State of Florida. As we saw, enforcing a judgment involves many steps, and these steps all need to be achieved properly. Potential creditors and potential debtors may be curious about how foreign (i.e. out-of-state) judgments are treated under…

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Enforcement of a Money Judgment in Florida

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You’ve endured a difficult, stressful court case. You worked hard to collect the evidence necessary to substantiate your claim. And you prevailed. You feel vindicated, but now the question arises: how are you going to collect your money judgment? Things would be great if the judgment debtor (the losing party) simply transferred the funds to…

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Do I Need a Written Operating Agreement for My LLC?

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The State of Florida does not require business owners to have a written operating agreement for their limited liability companies (LLCs). This does not mean, however, that you shouldn’t have one on hand. An operating agreement is extremely valuable and can prevent significant problems once the business is up and running.  Should any questions arise…

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Best Practices for Drafting Commercial Leases in 2021

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The last year has revealed uncertainty in the commercial real estate market.  More than ever, commercial landlords need a watertight lease. It is essential that you assess your commercial lease templates and make any necessary changes to best protect your investments. Take Steps to Avoid Future Pandemic Liability Include provisions in the lease that ensure…

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Where to Now? Post-COVID-19 Tips and Tricks for Business Owners in Florida

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Florida Governor, Ron DeSantis, has long aimed to restore a sense of post-pandemic normalcy throughout the state. Shortly after lifting Florida’s state of emergency, the Governor preemptively banned state, local, and county authorities from requiring residents to use vaccine passports to declare their vaccination status. Similarly, the Governor overwrote local COVID-19 restrictions, lifting the mask…

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Litigation Holds – Triggers and Reasons to Comply

Almost everyone has seen a movie or TV show in which a lawyer dramatically produces a surprise witness or document at trial. But this never happens in real life. The discovery rules in federal and Florida state courts require each party to produce evidence for the other parties to review. A business issues a “litigation…

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What to Expect When Your Business Dispute Goes to Court

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Many businesses resolve their disputes before they reach litigation. But occasionally, a business cannot resolve its dispute with a vendor, customer, employee, or shareholder without the assistance of the courts. Business owners will usually turn to litigation when there is an irreconcilable disagreement over the facts of the case or the law that applies to…

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Received a Subpoena in Florida? Here Are the Steps to Take

Most people will never hire a lawyer, file a lawsuit, or testify in court. But business owners are much more likely to become involved in a lawsuit. In your capacity as the owner of a business, you may have to answer to your investors, lenders, customers, suppliers, and employees. You may be governed by a…

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