What if parties themselves could dictate which of them would be ultimately responsible for liabilities stemming from the business transaction and what if that was done with enforcement from the courts? Moreover, what if your agreement could be enforceable even where it dictates that one or more of the parties is responsible for another party’s […]
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Kobayashi Maru: How to Approach the No-Win Scenario
I was a double major in college while also playing Division I football. One of the advantages of being a student athlete in college is that the athletic department had academic counselors watching our academic activities throughout the course of the school year. About two weeks before my college graduation I received a phone call from […]
Read MoreLitigation as an Opportunity to Grow Your Business
Perry Ellis is a Fortune 500 company that trades publicly on the NASDAQ. But like so many successful companies, its story is that of a small humble company who was strategic in its growth and used an opportunity presented in litigation to help propel its growth. It was started by George Feldenkreis, who came to […]
Read MoreJon Polenberg Elected to Board of Directors of Gilda’s Club South Florida
Business Litigation Shareholder Jon Polenberg has been elected to the Board of Directors of Gilda’s Club South Florida. The non-profit organization is an affiliate of the Cancer Support Community, and was founded in honor of actress Gilda Radner. Gilda’s Club is dedicated to providing support, education, and hope to all people impacted by cancer and […]
Read MoreWhy Construction Companies Should Prioritize Protective Equipment
The construction industry is booming and is expected to continue to grow as we head into 2019. Given such growth, it should come as no surprise that construction workers are suffering an inordinate amount of serious occupational injuries. What may come as a surprise, however, is that construction accounts for 21 percent of America’s work-related […]
Read MoreFour Lessons from Ghostbusters and Unusual Halloween Laws
As you get ready to go trick-or-treating on Halloween, I wanted to share with you some strange laws on the books while also discussing how Ghostbusters may be the all-time greatest film for anyone interested in starting a new business. For instance, real estate sellers in Florida are generally not obligated to disclose paranormal activity […]
Read MoreGary Schaaf on Labor Shortages and Construction Contract Needs
If you’re a fan of real estate development, now is a great time to be living, working and playing in Tampa. Between the skyline-altering Water Street Tampa project, and two other multi-billion dollar projects underway at Tampa International Airport and Port Tampa Bay, construction cranes dominate the city’s horizon. But, in keeping with the law […]
Read MoreVincenzo Mogavero on Corporate Veil Piercing in the New Jersey Law Journal
In theory, corporate subsidiaries and affiliates are separate and distinct. When these entities run as free-standing, self-governed organizations manned by their own employees that operate as a going concern such that the entities have a separate existence from their corporate parent, the law respects the corporate form. However, when corporations create a pyramid of empty […]
Read MoreSupreme Court of Florida: No. SC17-822
A State Of Flux For Derivative Actions In Florida
Behind the scenes of the Florida Business Corporation Act, or FBCA, business lawyers are debating amendments that may change how shareholders bring derivative lawsuits. At present, a rift exists between the law and the courts’ ruling on the law regarding demand futility. The demand requirement is a concept concerning shareholder derivative actions that holds that […]
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