Recent Posts in Business and Commercial Litigation

• Posted By Rosenthal Law Group 27-Jul-2017

  Courts Cannot and Will Not Rewrite Contracts to Relieve One Party From an Alleged Hardship or Improvident Bargain

  A Miami Dade Court once again affirmed that contracts are voluntary undertakings and contracting parties are free to bar for and to specify the terms and conditions of their agreement, and that when parties do contract, the Court does not have the ...

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• Posted By Rosenthal Law Group 21-Mar-2017

  FLORIDA COURT ONCE AGAIN CONFIRMS THE VALIDITY AND ENFORCEABILITY OF NON-COMPETE AGREEMENTS

  In our practice we often hear individuals state that non-competition agreements are unenforceable in Florida because Florida is a “right to work” state. This concept is often misunderstood to mean that employees have a “right to ...

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• Posted By Rosenthal Law Group 10-Oct-2016

  Rosenthal Law Group Awarded Best Business Law Firm

  Acquisition International has recognized Rosenthal Law Group as the Best Business Law Firm for Miami and as Florida’s Commercial Landlord-Tenant Litigator of the Year. This award goes to legal professionals who are among the best that the ...

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• Posted By Rosenthal Law Group 23-Sep-2016

  Employer Entitled to Full Benefit of Term of Restrictive Covenant in Noncompetition Agreement Solidifying that Noncompetition Agreements Are Alive and Well in Florida

  In case there was any doubt that noncompetition agreements were valid and enforceable in Florida, this doubt has yet again been removed by another Florida appellate court. Recently, Florida’s Second District Court of Appeals confirmed the ...

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• Posted By Rosenthal Law Group 19-Sep-2016

  Independent Contractors: Pros, Cons, and Things to Keep in Mind

  An independent contractor is a worker who contracts with individuals or entities to provide services in exchange for compensation. An independent contractor does not work regularly for any single company and is not an employee. Typically, an ...

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• Posted By Rosenthal Law Group 26-Aug-2016

  New OSHA Rule Requires Employers to Take Action Now. Are you ready?

  The Occupational Safety and Health Administration (OSHA) issued a final rule revising its Occupational Injury and Illness Recording and Reporting Requirements. The new rule does two significant things: it establishes employer requirements for ...

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• Posted By Rosenthal Law Group 3-Aug-2016

  Tortious Interference Claims in Florida

  Competition is the driving force behind our American system of free enterprise. Competition allows markets to work more efficiently by producing cheaper goods and services that satisfy consumers’ needs. However, competition is not without ...

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• Posted By Rosenthal Law Group 25-Jul-2016

  Thinking Of Starting Your Own Business?

  Choosing the type of business entity you operate is one of the most important decisions you make when you first decide to start your own business. Each type of business entity has pros and cons as it relates to complexity of requirements, ownership ...

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• Posted By Rosenthal Law Group 22-Jul-2016

  The Florida Revised Limited Liability Company Act contains Sixteen (16) Mandatory Non-Waivable Provisions - Do you know what they are?

  Florida significantly revised its statutory law governing limited liability companies with the enactment of the Florida Revised Limited Liability Company Act (“RLLCA”) and on January 1, 2015 the RLLCA became mandatory for all Florida ...

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• Posted By Rosenthal Law Group 22-Feb-2016

  Are Referral Sources a Legitimate Business Interest and thus, Capable Of Protection Under a Non-compete? The Law in Florida Remains Unclear.

  The law in Florida remains unclear as to whether a business can protect their referral sources through a non-compete agreement. In Hiles v. Americare Home Therapy, Inc., 2015 WL 9491847, the Fifth District Court of Appeals affirmed their decision in ...

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• Posted By Rosenthal Law Group 29-Jun-2015

  Rosenthal Law Group Obtains Deposit for Seller of Commercial Property

  Rosenthal Law Group was recently successful in obtaining purchase deposit made in a failed purchase of commercial property in Palm Beach County, Florida. Rosenthal Law Group's client entered into an agreement to sell a commercial property. In ...

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• Posted By Rosenthal Law Group 10-Sep-2014

  Attorney Alex Rosenthal to Present Lecture at NBI Seminar

  Rosenthal Law Group is proud to announce that Attorney Alex Rosenthal will be lecturing at a National Business Institute (NBI) seminar on Thursday, October 2, 2014. The seminar is titled " Retail, Office and Restaurant Leases: Key Provisions and ...

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• Posted By Alex Rosenthal 27-Mar-2014

  Cause for concern. Are officers of corporate employers personally liable for violations of the Fair Labor Standards Act (FLSA)?

  Recently, the United States Supreme Court recently declined to review a decision by the Second Circuit Court of Appeals in which the court held that a corporate officer was personally liable for violations of the Fair Labor Standards Act ...

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• Posted By Alex Rosenthal 29-Oct-2013

  Employers beware. Don't even think about privately settling a claim filed under the Fair Labor Standards Act (FLSA), at least not in the Eleventh Circuit which includes Florida.

  In Nall v. Mal-Motels, Inc., the Eleventh Circuit recently overturned a district court order upholding the private settlement of Nall's claim for unpaid overtime. The Court reaffirmed its position that judicial or Department of Labor (DOL) ...

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• Posted By Alex Rosenthal 22-Aug-2013

  Employers should consider mandatory arbitration of employment disputes with their employees

  Any employer who has been sued by an employee for employment-related claims can confirm that it is an expensive and uncertain process. Even where there is no merit to the claims, employers are forced to either pay significant settlement costs to ...

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• Posted By Alex Rosenthal 10-Jul-2013

  Commercial Tenant Must Pay Rent Into Court Registry in Any Action for Possession in order to defend the Suit

  In yet another affirmation of the strength of the Florida Landlord Tenant Act, the Fourth District Court of Appeal recently held that a commercial tenant's failure to pay accruing rent into the court registry during the pendency of an eviction ...

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• Posted By Alex Rosenthal 9-May-2013

  Landlords insulated from liability for evicting tenants pursuant to statutory procedures even if eviction is improper

  In the first case of its kind in Florida, the Fourth District Court of Appeal recently held that a commercial landlord who evicts a tenant following the statutory eviction procedures is insulated from liability for damages to the tenant for wrongful ...

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• Posted By Alex Rosenthal 7-Mar-2013

  You might as well forget about Florida's Economic Loss Rule

  On March 7, 2013, the Florida Supreme Court issued a landmark opinion of Tiara Condominium Assoc., Inc. V. Marsh & Mclennan Companies, essentially eviscerating Florida's Economic Loss Rule. Tiara involved a claim against an insurance broker ...

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• Posted By Alex Rosenthal 21-Jul-2012

  A common mistake that may jeopardize your case.

  One of the biggest mistakes clients make that jeopardize their case is retaining counsel too late. Whenever clients try to resolve their legal matters on their own they typically do not anticipate the consequences of their words or conduct. They do ...

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• Posted By Alex Rosenthal 23-Jan-2012

  Employers beware...sloppily drafted severance agreements may not release all claims by the former employee

  The economy does not have to be bad a company to incorporate severance agreements into its employment policies. Severance agreements are important for a variety of reasons regardless of the business climate. Certainly there are the goodwill aspects ...

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• Posted By Amanda Jassem Jones 13-Oct-2011

  Commercial Landlords Beware of Breaching the Ever Expanding Implied Covenant of Quiet Enjoyment

  Absent a contractual provision to the contrary, every commercial lease agreement entered into in the state of Florida carries an implied covenant of peaceable and quiet enjoyment. The covenant of quiet enjoyment is equivalent to a representation by ...

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• Posted By Amanda Jassem 18-Jul-2011

  A Victory for Business Owners against Slip and Fall Plaintiffs

  Before 2001, Florida courts required that plaintiffs in slip and fall cases involving transitory objects or substances prove that the business owner had actual or constructive knowledge of the "dangerous condition." However, the Florida ...

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• Posted By Alex Rosenthal 11-May-2011

  Florida has Very Long Arm(s) When it Comes to Personal Jurisdiction

  Generally, in order to bring a non-resident to Florida to defend a case for breach of contract, there must be more than an obligation to pay in the state to support constitutional due process requirements. Florida courts have consistently held that ...

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• Posted By Alex Rosenthal 26-Apr-2011

  Taking risks in your business and your life; find the right lawyer to help you navigate through it.

  In business there are many situations where taking risks separates successful businesses from unsuccessful ones. This most often arises in the area of legal risks. Taking on liability in a contract, even though your lawyer advises against it. ...

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• Posted By Alex Rosenthal 30-Mar-2011

  The Door is opened wider for Employees to Sue under the FLSA

  In another blow to employers, the United States Supreme Court recently held that a verbal complaint to an employer is equal to a written complaint if it results in retaliatory employment conduct by the employer. Under the Fair Labor Standards Act ...

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• Posted By Alex Rosenthal 3-Mar-2011

  BEWARE OR REJOICE (depending on who you are): Unlicensed Contractors May Have a Remedy After All

  In a startling new decision by the Florida Third District Court of Appeal on March 2, 1011, the Court in MGM Construction Services Corp. v. Travelers Casualty & Surety Co. of America, et. Al., held that in certain situations, even unlicensed ...

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• Posted By Alex Rosenthal 22-Feb-2011

  Employment policies that require candidates to be employed in order to apply may violate Federal discrimination laws.

  A recent trend among employers has become excluding from consideration for employment any candidate who is unemployed. Some experts believe that discrimination against the jobless may violate civil rights laws--a question the commission is now ...

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• Posted By Alex Rosenthal 22-Feb-2011

  BEWARE: A LOAN DISGUISED AS A SALE CAN BE DEEMED UNENFORCEABLE IF YOU'RE NOT CAREFUL

  In a recent case, a Florida court held that a loan disguised as a sale can be considered a usurious loan transaction if the vendor is obligated to repurchase the property at an amount which would generate a "profit" that would equal ...

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• Posted By Alex Rosenthal 21-Feb-2011

  Commercial Tenant Must "Pay to Play" the Game of Litigation

  In yet another affirmation of the strength of the Florida Landlord Tenant Act, the Fourth District Court of Appeal recently held that a commercial tenant's failure to pay accruing rent into the court registry during the pendency of an eviction ...

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• Posted By Alex Rosenthal 21-Feb-2011

  A TENANT MUST PAY RENT INTO THE REGISTRY OF THE COURT TO ASSERT ANY DEFENSE - EVEN THAT THE DEFAULT NOTICE WAS DEFECTIVE

  Florida law has suddenly become crystal clear that a tenant cannot get out of depositing rent into the Court Registry merely by arguing that the landlord's default notice is someone defective. Commercial and residential tenants alike have ...

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• Posted By Business Litigation Attorney 21-Jan-2011

  Welcome to our Florida Business and Commercial Litigation Law Blog!

  We are pleased to announce the launch of our new Florida Business and Commercial Litigation and law blog! We have an RSS feed available for you here.

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