Attorneys and their clients should be aware of the means of preserving, or attempting to preserve, the right immediately (or almost immediately) to appeal discovery orders adverse to the “attorney-client privilege”, regardless of whether the client is a party or non-party to the case in which a formal request for documents
Over the years, there has been considerable litigation over whether or not a construction lien in Florida has been timely filed. As construction projects increase in number, many expect there to be an escalation in construction lien filings. Construction participants, such as contractors, subcontractors, material suppliers, engineers and surveyors, have a short window of opportunity to perfect their construction lien rights. Florida’s Construction Lien Law requires a lienor to record a construction lien within 90 days from the last date that it furnishes labor, services or materials. This deadline is referred to in the lien law as the “final furnishing.”
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?