Category Archives: Commercial Litigation
Contract Disputes Involving Service Level Agreements (SLAs): Are They Enforceable or Not?
Service level agreements (SLAs) are common terms in vendor contracts. While they are most commonly used in the information technology (IT) sector, corporate customers can—and frequently do—use SLAs to help protect their interests when contracting with all types of service providers. But, are SLAs enforceable? Find out from an experienced Miami commercial litigation attorney… Read More »
Contract Disputes Involving Mandatory ADR: When Mediation or Arbitration is Required
Many commercial contracts include provisions that mandate mediation or arbitration (or both) in the event of a dispute between the parties. These mandatory alternative dispute resolution (ADR) clauses have become ubiquitous, and, in most cases, both parties will prefer to use ADR rather than litigate their dispute in state or federal court. Generally speaking,… Read More »
Contract Disputes Involving Third-Party Claims: Indemnification, Insurance & More
While many contract disputes arise out of disagreements between the parties involved, contract disputes can also involve third-party claims. In these cases, understanding the parties’ respective rights requires a critical assessment of the relevant contract terms—including the indemnification and insurance clauses, among others. Learn more from an experienced Miami commercial litigation attorney at Edelboim… Read More »
Shareholder Disputes: Understanding the Litigation Process and Its Alternatives
Shareholder disputes can involve a wide range of issues and competing interests. They can also proceed in a variety of different ways. As a result, when these disputes arise, informed decision-making is critical, and all shareholders involved need to ensure that they are taking appropriate steps with their long-term best interests in mind. Engaging… Read More »
What To Do if Your Business Has a Breach of Contract Claim in Florida
If your business is dealing with a breach of contract in Florida, you need to make informed and strategic decisions about what to do next. There are several important factors to consider as you decide how to proceed, and while going to court might be the next step, there may be other steps your… Read More »
What Does the FTC’s New Noncompete Rule Mean for Florida Businesses?
On April 23, 2024, the U.S. Federal Trade Commission (FTC) announced the issuance of a new final rule “banning noncompetes nationwide.” According to the FTC, its new rule “will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation.” The FTC’s announcement raises several important questions for… Read More »
Filing a Claim for Fraud: What Business Owners in Florida Need to Know
If a vendor, supplier, contractor, strategic partner or other commercial entity has defrauded your business, it will be important for you to make informed decisions about your next steps. While businesses can pursue claims for various forms of fraud, establishing a fraud claim requires a methodical and strategic approach, and time can be of… Read More »
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 »
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 »
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 »