What Is Mediation in the Context of a Bankruptcy Proceeding? Mediation is the process used in bankruptcy cases to help resolve disputes between parties in a less formal and less adversarial manner, than through traditional litigation. During mediation in bankruptcy, a neutral third-party mediator facilitates communication between the parties involved and helps them reach a […]
After an employee files a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), mediation may be the next step for the employee and employer in seeking a resolution to their dispute. While mediation is sometimes required by an employment contract, the employee and the employer can also voluntarily agree to mediate their dispute. […]
On January 1, 2023, pursuant to Florida Statutes § 34.01, there were changes as to which court you can file your complaint for money damages. When filing a lawsuit in Florida County Court for money damages there are three separate courts in which you could file depending on the amount in dispute. Small Claims – […]
Do you have a dispute with a Buyer or Seller of real property in Florida? Pre-suit mediation may be your next step. In FAR/BAR Residential Sale and Purchase Contracts, there are terms and conditions that provide the obligations of the Buyer and Seller. If you find yourself thinking: “The other side is not complying with […]
Contractors Don’t Lose Your Lien Rights Under Florida’s Construction Lien Law, a contractor who is in privity with the property owner is required to execute and deliver a Contractor’s Final Payment Affidavit to the owner at least five days before filing suit to enforce the contractor’s lien. The purpose of the Contractor’s Final Payment Affidavit […]
Enforceability of Noncompete Agreements in a Remote Workforce Today, many businesses are shifting their workforce from in-office positions to remote work. These remote positions have opened the door, and state lines, to hiring employees who reside outside of the state where the employer typically conducts business. As with traditional in-office positions, businesses frequently require the […]
A charge of discrimination is a signed statement alleging that an organization engaged in employment discrimination. It requests the Equal Employment Opportunity Commission (EEOC) take remedial action. In order to file a lawsuit for unlawful discrimination, most of the laws enforced by EEOC, except for the Equal Pay Act, require you first file a charge […]
To meet the definition of a trade secret under Florida law, a business must establish that the specific information it seeks to protect has independent economic value and that the business made reasonable efforts under the circumstances to maintain its secrecy. Therefore, it is important for businesses to know what constitutes “reasonable efforts” under Florida […]
Can the other party be responsible for your attorney’s fees? Maybe. In Florida, attorney fees incurred during the course of litigation are only recoverable from the other party if specifically allowed by contract or statute. Often, contracts will have a provision regarding entitlement to attorney’s fees which states that the prevailing party in any future […]
The Florida Bar has posted a brochure for consumers on its website that details important information about buying a home, and why consumers may wish to consult with an experienced, Florida-licensed real estate lawyer: Consumer Pamphlet: Buying a Home – The Florida Bar. The brochure is full of useful information about the many significant decisions […]