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Eric Nissim Assouline's Answers

Eric Nissim Assouline
Dania Business Attorney.
Contributor Level 9

5

Attorney answers:

  1. Bryant Keith Martin
  2. Stuart M. Address
  3. Earl Kenneth Mallory
  4. Marshall C Deason Jr.
  5. Eric Nissim Assouline

Is an independent contractor non competition agreement valid if it doesn't state a specific time limit?

Asked by a user in Bradenton, FL - 4 months ago.

Florida, unlike some states, by statute, may enforce a covenant not to compete against an independent contractor, to the extent it is reasonable. There is a statutory presumption in Florida that two years is reasonable. But the more important question is the job that you are doing and the "legitimate business interest" that is being protected by the employer. Because without that there is nothing worth protecting and the court will not enforce the covenant not to compete. It is...

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2

Attorney answers:

  1. James H Sutton Jr.
  2. Eric Nissim Assouline

Can I collect on a judgment that awarded me money and the company filed chatter 11 ?

Asked by a user in Fort Lauderdale, FL - 5 months ago.

You need to file a Proof of Claim in the bankruptcy case. Depending on how the claim in the judgment was characterized, you may have a priority claim that has to be paid ahead of certain other creditors' debts. You need to speak to a lawyer that handles bankruptcy cases as soon as possible as there is a deadline for for filng a Proof of Claim. ERIC N. ASSOULINE, ESQ. Business and Bankruptcy Litigation ASSOULINE & BERLOWE, P.A. THE BUSINESS LAW FIRM 213 E. Sheridan Street, Suite 3...

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1

Attorney answers:

  1. Eric Nissim Assouline

Can a court force a sale of a business?

Asked by a user in Florida - over 2 years ago.

First off, if Jane has a lawyer, John should have a lawyer. Second, the governing documents entered into between the shareholders may include some sort of buy-out provisions, like blind option, or a right of first refusal is Jane comes to the table with an offer for her shares. The governing document (in this case a shareholder's agreement if there is one) is always the starting point. But, if Jane wants out she might seek a dissolution and liquidation of the company assets for which she...

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Attorney answers:

  1. Eric Nissim Assouline

Improper Service of Summons

Asked by a user in North Lauderdale, FL - 3 months ago.

Generally, a clerk's stamp is not placed on a summons unless it also has a clerk's signature also. If you are sure that you just don't have a copy that you cannot see the signature, you can try, but this will only delay the inevitable. Service of the Summons may be quashed, as there may have been a defective summons, but it will not result in the dismissal of the case. The other side can have another summons issued, called an Alias Summons, and then serve you with the Alias Summons and the...

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3

Attorney answers:

  1. Eric Nissim Assouline
  2. Meredith McKell Graff
  3. Pamela Koslyn

Mediation Settlement Question/Regrets

Asked by a user in Clearwater, FL - over 2 years ago.

1. Generally, when you sign a settlement agreement, you cannot walk away from it. 2. Generally, information obtained at mediation cannot be used at trial. But first you have to worry about extracting yourself from the settlement agreement. Eric N. Assouline, Esq. Business Litigation ASSOULINE & BERLOWE, P.A. ATTORNEYS AT LAW 213 E. Sheridan Street, Suite 3 Dania Beach, Florida 33004 Telephone: 954-929-1899 Facsimile: 954-922-6662 Email: ena@assoulineberlowe.com www....

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3

Attorney answers:

  1. Pamela Koslyn
  2. Eric Nissim Assouline
  3. Daniel Nathan Ballard

Corporate law

Asked by a user in Bradenton, FL - over 2 years ago.

It sounds the man needs to file a lawsuit based on a breach of the partnership agreement. Eric N. Assouline, Esq. Business Litigation ASSOULINE & BERLOWE, P.A. ATTORNEYS AT LAW 213 E. Sheridan Street, Suite 3 Dania Beach, Florida 33004 Telephone: 954-929-1899 Facsimile: 954-922-6662 Email: ena@assoulineberlowe.com www.assoulineberlowe.com Commercial Litigation, Intellectual Property, Creditors' Rights and Bankruptcy, Real Estate, and Corporate Law Miami · Ft. Lauderdale ·...

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3

Attorney answers:

  1. Eric Nissim Assouline
  2. Mark Hankins
  3. Dennis Andrew Chen

Can plaintiff bring another case against my business after filing VOLUNTARY DISMISSAL If I go to civ court, can I repres.myself

Asked by a user in Hudson, FL - over 2 years ago.

In Florida, there is no automatic right to attorneys' fees, even if you win in court, unless there is a contractual provision that provides for attorneys' fees. You should check your agreement and if it is in there, you may want to initiate the arbitration yourself to cut them off at the pass before they sue you (unless you do not mind fighting your case in court in Pasco County). Eric N. Assouline, Esq. ena@assoulineberlowe.com ASSOULINE & BERLOWE, P.A. ATTORNEYS AT LAW 213 E....

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1

Attorney answers:

  1. Eric Nissim Assouline

FL Jurisdiction over a NY based company.

Asked by a user in Fort Lauderdale, FL - almost 3 years ago.

From your description of the facts, it appears that you have personal jurisdiction over the NY company in Florida and Broward County may be a proper venue to file this action, even if the court in Broward County is going to apply New York law to the lawsuit. There is no inherent problem in collecting a judgment against a large, multi-national, solvent NY company IN FLORIDA, provided they either have assets or bank accounts in a bank that has a Florida branch. But remember, if you are filing...

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Attorney answers:

  1. Eric Nissim Assouline
  2. Pamela Koslyn

Can i legally use RSS feeds from other sites on my sites, while advertising my affiliate commission programs?

Asked by a user in Saint Petersburg, FL - almost 3 years ago.

Generally, you should obtain written permission from a copyright holder before reproducing their content on any website. With some limited exceptions, the author or their assignee may be entitled to obtain a judgment enjoin your use of their content plus actual damages. The rights holder may also send a demand to your online service provider requesting that they take down any infringing content. In some circumstances, a prudent service provider may react to such a demand letter by removing,...

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Attorney answers:

  1. Eric Nissim Assouline

What is the "claw back" period in Chapter 11 bankruptcy as regards financial distribution to investors?

Asked by a user in Jacksonville, FL - about 3 years ago.

In Florida, the look back period for a fraudulent transfer is four years. Although, your comments regarding "normal course of business" sounds ike you are talking about a preferential transfer, a creature of bankruptcy law, not state law, which is what applies to a court-appointed receiver. You should contact an attorney for details. Eric N. Assouline, Esq. Assouline & Berlowe, P.A. www.assoulineberlowe.com

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