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Do You Have Reason To File A Breach Of Contract Lawsuit?

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Almost any type of business transaction can benefit from having a contract in place. You may have signed many agreements over the course of your business, and in most cases, the relationships worked out as intended, and the contracts came to a close. However, you may have recently found yourself involved in a business relationship that is causing your company problems.

Unfortunately, despite signing a legally binding document, some parties may not abide by the terms of the agreement. When one or both parties do not follow those terms, a breach of contract has likely occurred. You may feel that the other company involved in your current business arrangement has breached the terms of your agreement, and you may be considering litigation for the first time.

Go over the contract

You certainly do not want to move forward with any frivolous lawsuit, and when you first noticed matters going awry with your current business deal, you may have attempted to contact the other party about the issues in hopes of resolving them. However, the others involved did not fix the problems. Despite other attempts at resolution, the issues have persisted, and now, you feel that litigation is your best option for protecting your company’s interests.

Lawsuits are unfortunately common in the business world, and you may have valid reasons to pursue one yourself. Still, to ensure that you do have such cause, you may want to go over the terms of the agreement:

  • Did the contract stipulate the duties and responsibilities of each party and detail any prohibited activities associated with the business relationship? If so, the other party may have breached the contract by participating in prohibited activities or by not performing agreed-upon duties appropriately.
  • Did the contract have terms relating to payment? If so, the other party may have violated the agreement if the entity did not provide payment on time or correct payment as stipulated in the contract.
  • Did the contract have confidentiality terms? If so, you may have cause to file suit against the other party if the person or company did not keep proprietary information confidential.
  • Did the contract include dates stating when certain milestones relating to the arrangement should be met or when the overall project should come to completion? If so, the other party may have violated the terms if the entity did not complete certain tasks by the agreed-upon dates.

These are important terms to have in most business contracts, and you may have included other details specific to the arrangement in which your company was involved.

Consider your options

As mentioned, you may have tried to contact the other party to discuss the issues to no avail. You may be considering your next steps, and if litigation is on your mind, you may want to contact an experienced Florida business law attorney who can assess your predicament and explain your available options.

By : admin | July 30, 2020 | Contract Disputes

Consumers Want ComEd To Face Class Action Litigation

Orlando Real Estate Litigation

Businesses can make mistakes in many ways. In some cases, they may participate in questionable activities because they believe those activities could benefit their companies. However, some actions could result in effects on customers that they perceive as negative, and those customers could attempt to bring class action litigation against a company.

Florida readers may be interested in a lawsuit seeking class action status that was recently filed in another state. According to reports, customers of Commonwealth Edison Co, also known as ComEd, have filed the suit after learning that the company admitted to participating in a bribery scheme, which allegedly involved favoring friends of Democratic House Speaker Michael Madigan when it came to jobs and contracts. The scheme would purportedly benefit ComEd by giving the company favorable treatment regarding certain legislation. The company paid a $200 million fine after admitting its participation.

Customers of ComEd believe that the company should compensate them for the rate increases that allegedly occurred in relation to the bribery scheme. Several individuals and businesses are currently participating in the lawsuit and believe that ComEd gained approximately $150 million from rate increases. ComEd issued a statement indicating that despite improper conduct in the past, they do not believe that consumers were harmed by the passing of the legislation that led to higher electricity bills.

It can be difficult for companies to admit that they participated in questionable actions, but it does not mean that those actions warrant additional litigation. Still, if clients or customers believe that class action litigation suits a particular scenario, the company in question will still have to take steps to defend against the claims. If Florida companies are facing this type of legal issue, they will certainly want to find their most viable routes for protecting their companies’ interests.

By : admin | July 29, 2020 | Class Action Litigation

Oracle Corp. Facing A Lawsuit Over An Alleged Lack Of Diversity

Boca Dispute With Business Partners

Most companies want to do their best to ensure that diversity is a significant part of their operations. They want to employ diverse workers, appeal to diverse clients and customers, and have an overall reputation of harboring diverse interests. However, some parties may feel that a company is not doing enough to further diversity and a lawsuit could result.

Florida readers may be interested in a lawsuit recently filed by a shareholder against Oracle Corp. that claims the company has not stood by its diversity promises. The shareholder indicated that the company’s board has only one representative of minority ethnicity and that the board has no Black executives. The claims also stated that the company promises diversity in its filings and annual reports to shareholders, but those promises have not been fulfilled.

The shareholder wants the lawsuit to cause changes in the company, including the resignation of at least three directors and the chairman of the board in order to create a more ethnically diverse board. At the time of the report, the company had not provided a statement regarding the claims issued in the lawsuit. It was noted that Oracle is also facing a class action lawsuit regarding pay discrimination.

When a company faces a lawsuit or multiple lawsuits, it is vital that the proper steps are taken to handle the issues in the most appropriate way possible. It can be difficult to determine which avenues may be the best to pursue, but Florida business owners facing a similar ordeal can review their options with knowledgeable attorneys. Their legal counsel can provide specific insight into which steps could be most viable for working toward favorable outcomes.

By : admin | July 20, 2020 | Lawsuits

The Fragile Nature Of The Corporate Veil

Business Disputes In Orlando

When starting a business, one of the first decisions you must make is the type of entity you will use to run your business. For many in Florida, the limited liability company or corporation is the most desirable because they offer protection of the business owner’s personal assets in the event that the business becomes liable for debts or damages. This separation of the corporation’s assets from those of the owner or shareholders is called the corporate veil.

If you own a corporation or LLC, you may feel impervious to lawsuits or creditors who may seek your personal assets because you have the protection of the corporate veil. However, it is important that you understand the limitations of that protection. In fact, you may not realize that certain actions by business owners or shareholders may dissolve the separation between you and your business.

What might pierce the corporate veil?

Running your business as a corporation or LLC offers you some security. If your business goes into debt, for example, you may not fear losing your home or personal savings. However, the corporate veil does not protect you in every circumstance. The term “piercing the corporate veil” refers to situations where the entity of the owner or shareholders and the entity of the business are no longer separate, placing the owner or shareholders at risk of personal liability. The following are examples of actions that may pierce the corporate veil:

  • Mixing your personal finances with those of the business
  • Using the business to commit fraud
  • Acting egregiously by placing the corporation’s prosperity over the good of the public
  • Using business funds for personal use, even as a loan
  • Keep poor or inaccurate financial records
  • Failing to pay state and federal payroll taxes
  • Misusing business credit cards for personal use
  • Using your personal assets as collateral for a business loan
  • Signing contracts or loan agreements personally without the backing of the shareholders

If these or other circumstances exist and you are facing legal action, your personal property may be in jeopardy. As with most elements of business law, Florida’s statutes may be different from those in other states. You may also be dealing with matters of federal law. This is why, at the earliest sign that you may be at risk of personal liability, you would be wise to seek the advice of an attorney who has experience in state and federal litigation.

By : admin | July 15, 2020 | Business Litigation

Apple, T-Mobile Facing Class Action Litigation Over Privacy

Orlando Contract Disputes

Businesses, especially large companies, are no stranger to lawsuits. Of course, that does not mean that they want to end up facing class action litigation every other day. Unfortunately, some clients or customers can face issues that they believe warrant such action, and companies may be put in a position to defend themselves.

Florida readers may be interested in a class action lawsuit recently filed against Apple and T-Mobile. Apparently, the companies are accused of misrepresenting the security and privacy users had because of an issue that would allow third parties to access iMessages and FaceTime calls. The initial issue reportedly stemmed from an individual’s Apple ID remaining connected to a T-Mobile SIM card even though the original user no longer had the SIM card.

SIM cards are often recycled by cellphone providers, and the Apple ID would remain attached to the recycled SIM cards. As a result, messages and FaceTime calls intended for the new recipient would instead be received by the previous owner. Apple fixed the issue in 2018, but since the issue was first discovered in 2011, the plaintiffs believe this violation of privacy has caused numerous users to become victims of security breaches. Neither company provided comment for the report.

Handling class action litigation is something that companies often prepare for. Nonetheless, the process of addressing legal claims can be long and difficult. Fortunately, if Florida business owners end up facing this type of ordeal, they can obtain assistance with handling every legal aspect from attorneys experienced in defending against such lawsuits.

By : admin | July 13, 2020 | Class Action Litigation

Discrimination Claim Leads To Class Action Litigation

Orlando Contract Disputes

Businesses often have to do what they can to ensure that their company operations run as smoothly as possible. Though they may feel as if they treat every worker the same, some individuals may believe that their employer is not. As a result, discrimination claims could be filed against a company, and in some cases, they could lead to class action litigation.

Florida readers may be interested in a class action lawsuit recently filed in another state. According to reports, a female employee is the lead plaintiff in the case and claims that Schlumberger, the largest oil field services company in the world, discriminates against women and provides a work environment that encourages harassment and discrimination of women. The woman started working for the company in 2016 as a measurements-while-drilling field engineer and moved to different locations depending on staffing needs.

The employee claims that she faced sexual harassment in the male-dominated work environment and that she had to share a bedroom with male co-workers. At one location, the male workers purportedly encouraged each other to break into the woman’s room and sexually assault her. The suit goes on to state that complaints made to management or human resources were typically brushed off. In the report, a representative stated that the company had not been served with a lawsuit and did not provide additional comment.

Companies that face claims of discrimination can suffer serious damage to their reputations and other aspects of their business. When class action litigation is involved, they are at risk of serious financial burdens as well. If Florida company owners are having to deal with this type of scenario, they will certainly want to find their best legal options for handling the ordeal.

By : admin | July 7, 2020 | Class Action Litigation

What You May Not Know About Your HOA

Fort Lauderdale Business Disputes

Homeowners associations, condo associations and other community governing boards have a bad reputation. Television and movies often portray members and officers of HOAs as power-hungry, entitled tyrants who patrol the streets with clipboards and yardsticks to measure the height of each resident’s lawn. A fraction of an inch too high and the homeowner receives a warning and a fine.

However, this is seldom the case. In most Florida communities, the residents themselves comprise the HOA because they care and want to protect their property values. If you own property in a planned community, you may appreciate the rules that keep your neighborhood neat and quiet. However, the developer also has much at risk, and the covenants, conditions and restrictions are one way for developers to maintain some control over their significant investment. Unfortunately, both sides may face costly disputes when residents object to the rules or their enforcement.

When can I sue?

Your home is likely one of your biggest investments, and if you live in a planned community, you may have spent a substantial amount of money on that home. If you knew from the start that your community had a governing HOA, you probably had the chance to review the CC&Rs before signing any paperwork. By signing, you agreed to paying your dues on time and complying with rules regarding the interior and exterior appearance and use of your property. You may not have understood the following:

  • The rules in the CC&R are legally binding.
  • You may have sacrificed some of the rights and preferences that typically accompany homeownership.
  • Your HOA may reserve the right to fine you without warning if you fail to comply with the rules.
  • You may notice that your HOA officers do not apply those rules consistently among your neighbors.
  • Failing to pay your dues, fines or other HOA obligations on time may result in the HOA foreclosing on your home even if the delinquent amount is relatively small.
  • Some developers may cut corners to save money on common amenities and infrastructure, which may leave you and other residents footing the bill for major repairs.

These and other issues are not uncommon among planned communities with HOAs. If you spent a considerable amount of money on a home in a neighborhood that promised tranquility and privacy, you may be looking for answers about how to hold your HOA accountable for the costly issues you are facing. An attorney with a history of success in all aspects of real estate litigation may prove a valuable advocate.

By : admin | July 2, 2020 | Contract Disputes

Do You Have A Deposition Coming Up? It May Be Done Remotely

Best Miami Litigation Attorney

Even under the current circumstances, the wheels of justice continue to turn. Civil lawsuits filed prior to societal changes may have continued to move forward or will soon.

If you filed a civil lawsuit or are defending against one, you may need to participate in a deposition. If so, the odds are good that you will attend remotely.

What does that mean for you?

The concept of remote depositions is not a new one, but it has gained popularity in recent months. It is becoming the new normal for a number of people. If you are scheduled for a remote deposition and you will not be sitting with an attorney at the time, it may help you to understand how to prepare:

  • You will need a good internet connection, which can be hardwired or WiFi.
  • You will need a computer, tablet or smartphone. You will probably need to choose the one that provides you with the best video and audio, so it may take some testing to see what that is for you.
  • Enter the call early to make sure that your video and audio are working properly. Most of these types of calls have a 15-minute leeway before the start time for this purpose.
  • In many cases, someone such as the court reporter will facilitate the call, and he or she may allow for a test call to make sure that everything will function correctly when the time comes.
  • Find a place in your home where you can be alone without any ambient noises and without others entering your space. You may also want to make sure the background behind you is appropriate — perhaps a blank wall would work best.
  • You will be videoed as well, so make sure that you are wearing something appropriate for the occasion.
  • During the deposition, make sure you enunciate your words and speak clearly. If others are talking, try not to speak at the same time.

If an attorney represents you, he or she will most likely provide you with copies of any documents you may receive questions about during the deposition. Moreover, you will usually spend some time preparing for it, so if you do not have something you need to thoroughly answer the questions put to you, this would be the time to clarify and get what you need.

By : admin | July 2, 2020 | Lawsuits