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Mark R. Osherow

Mark Osherow’s Legal Guides

11 total


  • Fraud In The Inducement In Florida: Litigation Cry Of The Buyer Who Did Not Beware

    Discussion of fraudulent inducement cause of action under Florida law.

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  • Restrictive Covenants – Keeping Matters In “the Family”

    Discussion of Restrictive covenants and trade secret protection under Florida Law

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  • FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT – BRINGING TRUTH AND ACCOUNTABILITY TO THE MARKETP

    Buyer beware; this maxim encourages personal responsibility and also gives free reign for the marketplace to embody chaos. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Florida Statute 501.201 et seq., is an attempt to enforce a certain minimum of honesty and fa...

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  • MINORITY SHAREHOLDERS – EQUAL VALUATION FOR ALL

    Corporations, being governed by majority rule, may decay into a tyranny by the majority. When this state of affairs occurs, the minority shareholders interests in the corporation are either ignored or exploited by the majority. In large publicly traded corporations, the minoritys...

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  • SECURITIES FRAUD – THE PRICE OF LYING

    I. Introduction Securities are an excellent way for any entity to generate revenue. The traditional security of a stock certificate costs little more than the expense of paper and printing to produce, yet can be sold for fantastic sums of money, especially when millions of certif...

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  • DERIVATIVE ACTIONS -- FORCING DIRECTORS TO ACT

    I. Introduction Corporations can become large and powerful entities that while responsible to a large number of shareholders are controlled by a small group of directors. Directors often forget this responsibility, and a corporations misdirected actions may well bring harm to the...

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  • ECONOMIC LOSS RULE IN FLORIDA

    I. Why is there an Economic Loss Rule? The Economic Loss Rule (ELR) is a judicially formed doctrine setting forth the instances where separate tort actions are prohibited when the only damages are economic losses. Indemnity Ins. Co. N. Am. v. America Aviation, Inc., 891 So.2d 532...

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  • CIVIL THEFT: GETTING BACK WHAT’S YOURS – THREE TIMES OVER

    I. Introduction Many attorneys have reached the point where a claim for civil theft is automatically brought when allegations are raised regarding wrongfully and fraudulently obtained money or other property. Floridas statutory action provides a seemingly simple vehicle for this...

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  • What is the Statute of Frauds In Florida?

    The statute of frauds provides that certain types of contracts are not valid and cannot be enforced unless they are in writing and signed by the party against whom enforcement is sought. Fla. Stat. '725.01 Specific performance of a contract governed by a statute of frauds will n...

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  • What is the parol evidence rule in Florida?

    If the prior agreement to which the written instrument fails to conform was not expressed in writing, the agreement may be proved by the testimony of the parties or other persons who were present when it was made. Allowing this testimony regarding the parties' actual agreement is...

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