Recent Blog Posts
What Types of Evidence Are Discoverable in Financial Fraud Litigation in Florida?
When dealing with financial fraud, knowing that your company has been defrauded and proving that it has been defrauded are different matters entirely. Recovering fraudulent financial losses in litigation requires evidence that is sufficient to convince the judge or jury that an award of damages is warranted. Likewise, convincing a defendant to settle requires… Read More »
How Can (and Should) Business Owners Streamline the Bankruptcy Process?
When seeking to reorganize your company’s debts so that it can continue operating, an informed approach is critical. Not only can mistakes and oversights lead to unnecessary challenges and delays, but in some cases, they can jeopardize the entire bankruptcy process. The more business owners can streamline the process, the fewer unnecessary risks they… Read More »
End-of-Year Bankruptcy Considerations for Small Business Owners
It’s been a tough year for many small businesses. From rising interest rates to challenges with hiring and retaining high-performing employees, many small business owners have struggled to find a path to profitability. With the end of the year fast approaching, it is natural for many struggling business owners to start thinking about bankruptcy…. Read More »
My Company Has Been Sued—What Now?
Your company has been sued. It happens. Sooner or later, most successful companies will face one type of lawsuit or another. When your company is facing a lawsuit, resolving the plaintiff’s claims without unnecessary liability involves taking the same informed and strategic approach that you take to all other business-related matters. So, what now?… Read More »
Understanding Your Options When a Customer or Client Files for Bankruptcy Protection
The U.S. Bankruptcy Code provides substantial protections to companies that file under Chapter 7 and Chapter 11. However, these protections are not absolute, and the Bankruptcy Code recognizes that creditors have a legitimate interest in enforcing their right to payment as well. As a result, when a customer or client files for bankruptcy, its… Read More »
What Terms Should Be Included in a Settlement Agreement?
Many business contract disputes are resolved via settlement. Settling a dispute avoids the costs and inherent uncertainty of litigation, and it allows both parties to get back to business as usual. While most settlements involve one party paying the other, the amount of the settlement is just one of several key terms. All of… Read More »
When Is It Time to Consider a Business Bankruptcy?
While filing for bankruptcy under Chapter 11 can provide much-needed financial relief to struggling businesses, a bankruptcy filing isn’t the right choice in all scenarios. Among many other factors, timing is a key consideration, and business owners and executives must ensure that when they decide to pursue bankruptcy (if they decide to pursue bankruptcy),… Read More »
Collecting on a Commercial Judgment: What Happens When You Win and the Other Party Doesn’t Pay?
You took another company to court, and you won. The judge ruled in your company’s favor, and now your company is entitled to damages. There’s just one problem: The other company won’t pay. What happens in this scenario? This scenario isn’t uncommon. The fact that a company is legally required to pay damages doesn’t… Read More »
Understanding the Remedies in Commercial Contract Litigation
When dealing with a breach of contract, pursuing litigation may be the only practical option for enforcing a company’s contractual rights. If settling isn’t in the company’s best interests (or isn’t an option under the circumstances at hand), going to court provides a means of obtaining a certain outcome and an enforceable judgment. Potential… Read More »
When Should Businesses Consider Bankruptcy as an Alternative to Litigation (or Arbitration)?
Media outlets will occasionally pick up stories of companies filing for bankruptcy in order to avoid litigation. Usually, these companies are portrayed as bad actors that are taking advantage of the bankruptcy process to avoid liability for their misdeeds. But, when the U.S. Bankruptcy Code allows a company to file, there is nothing wrong… Read More »