Domestication of Out-of-State Judgments under Florida Law
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…
Enforcement of a Money Judgment in Florida
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…
An Overview of Biden’s Recent Executive Order on Non Compete Agreements
In early July, President Biden issued a series of initiatives via Executive Order with the intention of promoting economic growth throughout the country. One of these initiatives, the “Executive Order on Promoting Competition in the American Economy,” applies specifically to the use of non-compete agreements. The initiative directs the Federal Trade Commission (FTC) to develop…
Kent Frazer Helps Client Obtain Summary Judgment Win in Insurance Dispute in the United States District Court
Kent Frazer, Founder and Managing Attorney of The Frazer Firm, recently helped his client obtain a complete victory on the eve of trial in a complex insurance proceeds dispute in the United States District Court for the Southern District of Florida. Kent represented the purchaser of a life insurance policy issued in 2002 where the…
Do I Need a Written Operating Agreement for My LLC?
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…
Best Practices for Drafting Commercial Leases in 2021
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…
Where to Now? Post-COVID-19 Tips and Tricks for Business Owners in Florida
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…
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…
What to Expect When Your Business Dispute Goes to Court
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…
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…
How Do I Protect My Business With a Non-Compete Provision?
Florida courts routinely enforce non-compete clauses in contracts with employees, contractors, and consultants. But the non-compete clause must meet certain standards of reasonableness before it can be enforced. It must also support a legitimate business interest since an injunction against the employee essentially robs that employee of the freedom to choose where to work. Here…
Should My Business Require COVID Waivers?
The COVID-19 pandemic has created a new normal for large and small businesses alike. Mask mandates are in place in most states and social distancing is still necessary. In some states, business owners are collecting customer information for contact tracing. Since the pandemic has hit businesses hard, some companies have considered the possibility of using…