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Miami Business & Commercial Law Blog

Lowering the cost of electronic discovery in business lawsuits

A company can't just turn over everything in its databases because they've been hit with a discovery order in a lawsuit. Only relevant information should be turned over in order to make certain that the company is both protected from unnecessary exposure and to keep down final costs -- the more documents that the opposing counsel has to filter through, the higher legal fees are going to ultimately be for both sides.

Electronic discovery (or "eDiscovery") costs can be tremendously expensive for a company to handle -- and more than 70 percent of that cost is due to review.

Jefferson Starship's founding member wants name discontinued

There are lawyers in practice today that probably weren't even born when the band known as "Jefferson Starship" was at its peak back in the mid-1970s and 1980s.

For the record, they were pretty famous. Famous enough that the name still carries a significant amount of interest to those who cut their musical teeth on that band and others from the era -- which is why the majority of the former band is still using the name as they continue to tour.

What are contingencies in real estate?

Contingencies are part of the normal part of property negotiations in any real estate transaction.

As you go back and forth with the buyer or seller (depending on which role you are in), usually through your realtors or attorneys, you're going to each have a list of stipulations that you'd like to see attached to the contract in order to seal the deal.

Understand breach of contract and your potential liabilities

If you fail to live up to the terms of a business contract, or "breach" it, does that relieve the other person in the contract from his or her end of the deal? The answer is more complicated than most people think.

How do you define breach of contract?

Know how medical marijuana affects the construction business

While Florida's medical marijuana industry is just getting into gear, it's important for construction business owners to understand how the legalization of the drug can affect the industry and its relationship with employees.

The days when you could simply drug test and deny workers' compensation to an employee who tested positive for medical marijuana is gone. You also can't just ignore the potential problem of having employees who are high on the job -- not unless you want to risk some serious litigation when one of the makes a mistake during a demolition or some other project.

Embezzlement: What it is and why it often goes to civil court

Embezzlement is a type of monetary fraud and theft that's often hard to detect -- mostly because the people who do it are legally entitled to somehow access or control the funds in the first place.

For example, you often hear about famous celebrities, like Sting, Elton John and Uma Thurman, who wind up suing their financial managers for fraud and embezzlement. What frequently happens is that those celebrities, perhaps because of their positions and wealth, trust their money to someone else to manage it for them. They literally sign where they're told to sign in order to transfer money around. Sometimes they even surrender that power directly to their financial manager. So if a financial manager decides to embezzle money, that's the equivalent of handing the keys to the hen house directly to the fox.

What do you need to make a business contract valid?

Contracts are part of doing business -- you won't be in business long if you don't get a clear idea of what it takes to make a contract valid and legally enforceable.

In order to protect yourself and your business, keep the following facts in mind:

Equifax hack casts shadow over many small businesses

When most people heard about the hack into the Equifax database -- one of the top three credit reporting agencies used in the country -- the reaction was widespread shock. It's actually hard to comprehend how many people may be affected since the agency collects credit data on most of the nation.

Almost everyone has a reason to worry that their personal identification could be compromised and their credit misused as a result of the data hack. However, there's a subgroup of people who have even more reason to worry: the owners of small businesses everywhere.

Get help to understand the basics of construction defect disputes

Most people expect their contractors to know what they're doing and to deliver on their promises. When that doesn't happen, it's easy to end up in a lawsuit over a construction defect. If that's a possibility for you right now, there are some basics that you should know:

1. Construction defects usually into four main categories:

  • Design Flaws
  • Inferior Materials
  • Poor Construction
  • Foundation Issues