Business Litigation

Florida Today (Originally Published in Florida Today) Business Q&A By Edward J. Kinberg The basic difference is pretty simple. Articles of Incorporation are public records, Bylaws are not. In Florida, most businesses must file some sort of organizational document with the Secretary of State’s Office before starting to do business in the State. For a […]

Ethics

Florida Today October 11, 2012 (Originally Published in Florida Today in October of 2012) Edward J. Kinberg My past articles have discussed specific legal issues.  This month I have decided to shift my focus to ethics because this issue can help businesses avoid legal disputes with owners, employees and customers. While there are numerous laws and […]

Office Depot is once again the subject of a lawsuit claiming the company overcharged some government agencies as another lawsuit has been filed against them in California. It is a case that is not only looking like it will cost Office Depot some money, but has severely tarnished their hard earned reputation that made them […]

Paying the Debt of Another

Paying the Debt of Another

A question arose not too long ago about whether paying the debt of another would require continued payments. In other words if company A pays company B’s existing creditor for one month, or even several months, does company B now have an obligation to continue paying company A’s creditor? If company B does have an obligation, then the creditor can likely come after company B for company A’s debt should both companies fail to make a payment.

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

Admissibility of Business Records

By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group.  If I have a document that I want to use as evidence, why can’t I?  Evidence rules often seem tedious and unnecessary, but nonetheless, […]

Locations