Doing Business in Florida Blog
The Benefit of Requiring an Unhappy Shareholder or Unhappy Member in a Closely Held Business to Sue Derivatively
May 8, 2016
P. Benjamin Zuckerman
So, the aggrieved shareholder or member of a closely held company has brought an action against your clients, the directors or managing members of a closely-held company, claiming, among other things, that your clients breached their fiduciary duty to the company and the aggrieved shareholder or member. The courts have made it clear that this type of claim should have been brought as a derivative claim, not a direct claim. Should you let it go?
It's Getting Hot in Here: South Florida Hospitality Market
May 1, 2016
Iryna Ivashchuk
Panama Papers Going Public
April 28, 2016
Mitchell W. Goldberg
"Catch-Up" Distributions to Holders of Profits Interest
April 28, 2016
Nick Jovanovich and Morris C. Brown
Florida Supreme Court Changes Landscape for What is Discoverable in an Attorney's Fees Contest
April 12, 2016
Michael J. Higer
New Electronic Voting Rules for Condominiums Bring Association Votes into the 21st Century
March 16, 2016
Jeffrey R. Margolis
Medical Marijuana Bill Presented to Florida Governor
March 14, 2016
Nicole Levy Kushner
On March 7, 2016, the Florida Senate, in a 28-11 vote, approved a House version of a medical marijuana bill (HB 307) which would allow terminally ill patients who are within the last year of their lives to use non-smokable medical marijuana of all strengths and doses.
Beware: You May Not Have a Direct Claim Against Your Bad-Acting Co-Shareholder or Co-Member
March 7, 2016
P. Benjamin Zuckerman
It is inevitable. When co-owners (whether members of a limited liability company or shareholders of a corporation) split-up or reach the split-up point, one inevitably thinks the other or others have wronged him, that the other or others have breached their fiduciary duty to him. Beware. Two fairly recent cases from Florida appellate courts make it clear that such claims may not be available.
The California Supreme Court's Decision Permitting Borrowers to Challenge Assignments of Mortgage Should Not Have an Impact Upon Florida
February 21, 2016
Fred O. Goldberg
Post-Westwood Eleventh Circuit Bankruptcy Appellate Standing Cases
February 18, 2016
Paul A. Avron and Ilyse M. Homer
Preparing for Turnover – What a Developer Should be Mindful Of
February 16, 2016
Barry D. Lapides
Don't be Afraid of Your Shadow
February 15, 2016
Gina Clausen Lozier