Recent Blog Posts
Resolving Issues Arising Out of a Business Breakup (or Business Divorce)
Business breakups can be both time-consuming and expensive. They often end long-standing relationships; and, while cutting ties may be the best option under the circumstances at hand, it can present a variety of challenges that all parties involved must work to overcome. In a business divorce, the parties either need to be willing to… Read More »
Proving a Fraudulent Conveyance in a Business Bankruptcy Case
When a business files for bankruptcy, its creditors have the right to protect their interests by seeking payment through the bankruptcy estate. Under the U.S. Bankruptcy Code, businesses that file for bankruptcy must fully disclose their assets that properly belong in the estate, and they may not transfer assets prior to (or during) the… Read More »
When Can (and Should) Businesses Pursue Claims for Fraudulent Inducement in Florida?
Business fraud can take many different forms. But, one of the most common forms is what is known as “fraud in the inducement,” or simply fraudulent inducement. Fraudulent inducement involves making false or misleading statements in order to secure a contract (or “induce” contract execution) and then relying on ongoing concealment to keep the… Read More »
Subchapter 5 Bankruptcy: Understanding the Benefits for Small Businesses
The federal Small Business Reorganization Act (SMRA) established streamlined procedures for eligible small businesses seeking protection under Chapter 11 of the U.S. Bankruptcy Code. These procedures exist under the new Subchapter 5, and filing for bankruptcy under Subchapter 5 offers several benefits to small businesses that qualify. Here, a Miami Chapter 11 bankruptcy lawyer… Read More »
Indemnification, Force Majeure and Other “Boilerplate” Provisions Can Have a Major Impact on Commercial Contract Disputes
Most business owners and executives don’t give much (if any) thought to the “boilerplate” provisions in their companies’ contracts. While they may put a significant amount of effort into negotiating the financial and commercial terms of the deal, they may simply rely on their companies’ legal counsel to ensure that the boilerplate terms at… Read More »
Tips and Strategies for Defending Against Consumer Fraud Litigation
Consumer fraud litigation is a risk for many types of businesses. Whether lawsuits come from individual plaintiffs or in the form of class action complaints, consumer fraud claims can lead to both substantial liability and substantial negative publicity. As a result, businesses need to defend against these claims strategically, and business owners and executives… Read More »
How Do You Prove a Claim for Contract Fraud?
Contract fraud can be costly, and unfortunately, it is far more common than it should be. If you believe (or have concerns) that a vendor, joint venture partner, shareholder or other party may have defrauded your company, you should consult with a Miami fraud lawyer promptly. In many cases, taking appropriate legal action as… Read More »
7 Reasons to Hire Your Own Real Estate Closing Attorney in Miami
Buying or selling a piece of real estate is a complex process that involves a variety of legal documents. While a good agent will make the process as easy for you as possible, there is a lot that goes on behind the scenes. In Florida, neither party is required to hire a closing attorney,… Read More »
10 Potential Grounds to Pursue a Breach of Contract Claim
Contract disputes frequently lead to arbitration or litigation. Breaches can result in substantial losses, and in many cases, hiring a Miami breach of contract lawyer to institute dispute resolution proceedings will be the best way forward. But, determining if you have a breach of contract claim is not necessarily a straightforward process. Sometimes it… Read More »
When Can Creditors Assert Preference Claims in Business Bankruptcy Cases?
During business bankruptcy proceedings, it is important that creditors protect their rights by all means available. While this will involve asserting defenses to discharge in some cases, these defenses won’t always be available. When creditors cannot protect their claims entirely, they must focus their efforts on ensuring that they are able to collect as… Read More »