A commercial tenant files bankruptcy and stops paying rent. What should a landlord do? One option is to immediately file a motion for payment of administrative rent. Unless a tenant is a large, newsworthy national chain, a...
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Category: Complex Commercial Litigation
Arbitration is often believed to be a great alternative to litigating a dispute in state or federal court. Faster, cheaper, and more definitive. No lengthy court dockets. No expensive, never-ending discovery. And no...
Contract Damages in Florida – Avoiding the “Overhead” Trap
February 19, 2016
A party suing for lost revenue under a contract in Florida must deduct a portion of its general “overhead” expenses when calculating its damages. A plaintiff who is unaware of key aspects of this requirement could easily...
FLSA Settlements and Obtaining Binding Releases
February 19, 2016
Originally enacted in 1938, the Fair Labor Standards Act (FLSA) was written to “protect all covered workers from substandard wages and oppressive working hours, ‘labor conditions [that are] detrimental to the maintenance...
Do Minority Shareholders Ever Owe A Fiduciary Duty of Loyalty and Care to the Corporation and/or Other Shareholders?
February 19, 2016
It may seem surprising to many that Florida law has not clearly prescribed by statute or otherwise what duties, if any, minority shareholders may owe to the corporation and/or to other shareholders. While minority...