What is the "best evidence rule" in Florida?
Jul 25, 2012
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 r...
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What is the parol evidence rule in Florida?
Jul 24, 2012
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 ...
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What is the Statute of Frauds In Florida?
Jul 24, 2012
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. '7...
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CIVIL THEFT: GETTING BACK WHAT’S YOURS – THREE TIMES OVER
Jul 09, 2012
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 p...
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ECONOMIC LOSS RULE IN FLORIDA
Jul 09, 2012
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 econ...
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DERIVATIVE ACTIONS -- FORCING DIRECTORS TO ACT
Jul 09, 2012
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 re...
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SECURITIES FRAUD – THE PRICE OF LYING
Jul 09, 2012
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, ...
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MINORITY SHAREHOLDERS – EQUAL VALUATION FOR ALL
Jul 09, 2012
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 ...
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FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT – BRINGING TRUTH AND ACCOUNTABILITY TO THE MARKETP
Jul 09, 2012
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 Statut...
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Restrictive Covenants – Keeping Matters In “the Family”
Jul 09, 2012
Discussion of Restrictive covenants and trade secret protection under Florida Law...
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