Mark R. Osherow’s Guides

Mark R. Osherow

West Palm Beach Litigation Lawyer.

Contributor Level 8
  1. What is the "best evidence rule" in Florida?

    Written by attorney Mark Osherow, over 2 years ago.

    The best evidence rule, set forth in Fla. R. Evid.'90.952 and Fed. RulesEvid. 1001,provides that, where a writing is offered in evidence, a copy or other secondary evidence of its content will not be received in place of the original document unless an adequate explanation is off...

    1 person found this Legal Guide helpful

  2. What is the parol evidence rule in Florida?

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    1 person found this Legal Guide helpful

  3. What is the Statute of Frauds In Florida?

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    2 people found this Legal Guide helpful

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

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    3 people found this Legal Guide helpful

  5. ECONOMIC LOSS RULE IN FLORIDA

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    2 people found this Legal Guide helpful

  6. DERIVATIVE ACTIONS -- FORCING DIRECTORS TO ACT

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    2 people found this Legal Guide helpful

  7. SECURITIES FRAUD – THE PRICE OF LYING

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    1 person found this Legal Guide helpful

  8. MINORITY SHAREHOLDERS – EQUAL VALUATION FOR ALL

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    1 person found this Legal Guide helpful

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

    Written by attorney Mark Osherow, over 2 years ago.

    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...

    3 people found this Legal Guide helpful

  10. Restrictive Covenants – Keeping Matters In “the Family”

    Written by attorney Mark Osherow, over 2 years ago.

    Discussion of Restrictive covenants and trade secret protection under Florida Law

    1 person found this Legal Guide helpful