Recent Blog Posts
Indemnification and Other “Boilerplate” Provisions Impact 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 »
Bringing a Claim for Non-Dischargeability in a Business Bankruptcy
Protecting a creditor’s right to payment during a business bankruptcy often involves filing a claim for non-dischargeability. Claims for dischargeability can focus on protecting an individual claim, or, in some cases, they can focus on preventing the business debtor’s discharge entirely. In both scenarios, creditors bringing claims for non-dischargeability must follow a specific set… Read More »
Defending Against the Discharge of Claims in Bankruptcy
The bankruptcy process can present significant risks for creditors. Even in Chapter 11 proceedings in which corporate debtors reorganize their debts, creditors can still end up collecting just a fraction of the funds they are rightfully owed. As a result, when a debtor files for bankruptcy, its creditors must work with their counsel to… Read More »
10 Key Lease Terms in Commercial Landlord-Tenant Disputes
In a recent article, we discussed seven common issues in commercial lease litigation. In that article, we discussed issues like non-payment of rent and efforts to terminate that frequently lead to disputes between lessors and lessees. While there are many different types of commercial lease disputes, disputes between landlords and tenants will often implicate… Read More »
Are There Any Drawbacks to Filing a Business Bankruptcy Under Chapter 11?
While reorganizing a business’ debts under Chapter 11 affords significant benefits in the right circumstances, company executives who are considering business bankruptcy filings need to assess the drawbacks as well. Although the benefits of filing will often outweigh the drawbacks, this is not always the case, and executives need to make the right decisions… Read More »