Weber Law PA Florida Miami Attorney

Weber Law Blog

September 18, 2017


WHEN DOES A FAILED REAL ESTATE DEVELOPMENT GIVE RISE TO A RICO CLAIM?

A recent federal case brought in the Southern District of Florida considered an action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) involving a failed real estate development. . . read more


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August 29, 2017

SEEK CLARITY BEFORE SIGNING ON THE DOTTED LINE

Does the contract you just signed say what you think it says. . . read more

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​August 24, 2017

PROTECTING YOUR TRADEMARK UNDER FEDERAL LAW

A business’s name is a key part of its brand, and is often its most valuable asset.  Federal law may provide significant protection to a business’s name or trademark.  However, as a recent case demonstrates, choosing and registering a strong trademark does not necessarily result in a swift victory in court . . . read more


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August 7, 2017


BUYER BEWARE: IN REAL ESTATE DEALS, ITS NOT JUST A CATCHPHRASE


Almost everyone has heard the phrase buyer beware, otherwise known as caveat emptor.  But where and when does it apply?  A recent Florida case involving a real estate transaction examined the scope of the doctrine of caveat emptor . . . read more


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July 26, 2017


NOT FILING AN ANNUAL REPORT IN FLORIDA CAN HAVE CONSEQUENCES


Many states require corporations to comply with annual reporting requirements.  In Florida, not filing a corporation's annual report can have consequences. . . read more

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July 14, 2017


RICO CLAIMS UPHELD BY APPELLATE COURT


Claims under the Florida Racketeer Influenced and Corrupt Organization Act (“RICO”) are powerful but can be notoriously tricky to plead.  A June 28, 2017 opinion by Florida’s Third District Court of Appeal considered RICO claims in the context of allegations that a bank . . . read more

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June 30, 2017


NEW LAW TAKES AIM AT CRAFT BREWERIES


Craft breweries around the country, and businesses related to them, should pay close attention to whether their own states follow the lead of Texas . . . read more

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June 1, 2017


REAL ESTATE TRUST FACES FRAUD CLAIM IN CONNECTION WITH HOUSING VENTURE


A New Mexico real estate investment trust faces a lawsuit alleging fraud in connection with a housing venture. . . read more

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May 24, 2017


CODE ENFORCEMENT LIENS MAY BE FORECLOSED LATER THAN YOU THINK


No matter how small it may seem, do not ignore code violations from your local government.  In some cases, a local government may impose a fine to enforce a code violation, which can become a lien that can be foreclosed upon.  Moreover, the government may have a long length of time to foreclose on any such liens. . .read more


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May 10, 2017


ZESTIMATE FEATURE LEADS TO LAWSUIT


Zillow is a popular online realty website and mobile application.  Zillow provides a tool whereby a user can type in almost any house’s street address and receive a property description and a “Zestimate.”  The Zestimate provides a value based on a “proprietary formula,” according to Zillow . . . read more


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May 4, 2017


UNDERSTANDING RICO CLAIMS IN A REAL ESTATE-RELATED FRAUD CASE


Alleged frauds involving real estate are perpetually in the news.  Even if a real estate business deal goes bad for non-fraudulent reasons, lawsuits against . . . read more


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April 20, 2017


THE GOVERNMENT WANTS YOUR PRIVATE PROPERTY.  NOW WHAT?


Florida businesses and individuals may not know it, but the government can take their private property – in whole or in part – under certain circumstances.  If the government takes your private property, must it . . . read more

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April 12, 2017


A DEFECT IN YOUR CASE CAN RUIN YOUR FLORIDA CONSTRUCTION DEFECT CLAIM OR DEFENSE


With cranes dotting Miami’s skyline and a growing number of residential projects underway, the number of disputes between owners and contractors regarding construction defects are sure to rise.  Individuals in the construction industry should take a recent Florida case as a reminder of . . . read more

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April 7, 2017


IS A RENTERS' COMMISSION COMING TO YOUR CITY?


On March 20, 2017, The Seattle Times reported that “the Seattle City Council voted unanimously to create what is believed to be the nation’s first renters’ commission.”  According to The Seattle Times, the new commission will push for laws to . . . read more

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March 29, 2017


THE IMPORTANCE OF UNDERSTANDING A NON-COMPETE AGREEMENT


Decisions during an employee-employer relationship can have important ramifications later.  For example, a non-compete agreement signed at the beginning or during the course of an employment relationship may allow an employer to prevent an employee from later working for a competitor and utilizing its confidential information . . . read more

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March 20, 2017


FRAUD VICTIMS BEWARE: PROTECT YOUR CLAIMS


Every day businesses and individuals are the victims of fraud.   A fraud may occur, for example, when someone fails to reveal a material fact to an agreement or when someone misplaces their trust in another.  Acting promptly in response to a fraudulent act may be critical to preserving a claim for relief, especially if the contract among the parties includes an agreed to statute of limitations period.  Moreover, a person pursuing a fraud claim may be required to allege in their complaint particular details about the alleged fraud to avoid dismissal.  A recent case is a reminder of at least some of the hurdles to pursuing a fraud claim . . . read more

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March 14, 2017

 

RIGHT OF FIRST REFUSAL PROVISIONS IN COMMERCIAL LEASE AGREEMENTS: THEIR SCOPE AND VALIDITY MATTERS

 

Some contracts include a right of first refusal provision. A right of first refusal provision may be used in a variety of contexts.  For example, a commercial lease agreement may provide a tenant with a right of first refusal to continue to lease space on the same terms as any bid received by the tenant’s landlord.  A right of first refusal could exist to purchase an aircraft on the same terms as an offer received by the aircraft’s owner . . . read more

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March 7, 2017

 

DISPUTES OVER REAL ESTATE DEALS MAY DEPEND ON CONTRACT LANGUAGE

 

There is a high probability that a realtor, broker, or agent is involved in the sale of a home, an apartment, or a multimillion dollar commercial property.  Unfortunately, lawsuits may arise between the buyer and seller, and even the realtor, broker or agent.  Whether those lawsuits’ claims will succeed may depend on the relevant language in the parties’ agreement. . .read more

 

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February 27, 2017

 

THE CONTRACT CLAUSE THAT MAY DETERMINE WHERE YOUR CASE IS RESOLVED

 

A forum selection clause may limit where all disputes arising out of a contract are resolved.  A forum selection clause can be particularly important when the contracting parties do not reside in the same state or country. . .read more

 

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February 21, 2017

 

COMMERCIAL LEASE TERMS VS. THE LAW: MANAGE YOUR EXPECTATIONS

During the commercial leasing process, a landlord and tenant usually agree to a variety of terms memorialized in a commercial lease.  But if there is a dispute between them, and the terms of their lease conflict with the relevant law, what happens?  Can the parties rely upon the terms of the lease that they negotiated and agreed upon in good faith? . . .read more

 

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February 14, 2017

 

SIGN ORDINANCES MAY VIOLATE THE FIRST AMENDMENT

Invoking rights under the First Amendment might seem foreign to some people, but consider this hypothetical situation: a Florida business’s signs convey a message that they deem is important to their customers.  The Town that business is located in has an ordinance that regulates those signs. Pursuant to that ordinance, the business received a notice of violation identifying violations of the sign ordinance. The sign ordinance may violate the First Amendment.  This hypothetical situation might not be so hypothetical...read more

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February 6, 2017

 

INDEPENDENT CONTRACTOR OR EMPLOYEE? YOU MAY NEED A SECOND OPINION

Every day Florida businesses work with individuals based on an agreement, many drafted without the aid of a lawyer.  That agreement may state whether the individual is an independent contractor or an employee, and the business and individual may continue their relationship for a while; until there is trouble. . . read more

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January 30, 2017

 

IN FLORIDA, WORDS MATTER WHEN NEGOTIATING OR LITIGATING AN ARBITRATION CLAUSE

Paying attention to an arbitration clause’s wording is critical.  Parties often include an arbitration clause in a contract when they wish to resolve their disputes through arbitration and not through the courts.  Its wording can mean the difference between having the right to arbitrate a dispute and not. 

In a recent decision, the 11th Circuit Court of Appeals . . . read more

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January 19, 2017

 

ARE YOU ENFORCING YOUR RIGHTS RELATED TO THE NAMES OF YOUR REAL ESTATE PROJECTS?

A name can have a far reaching impact on the marketing, and ultimately success, of a real estate project or any other business.  A recently filed lawsuit serves as a reminder that parties should take action if they believe that their rights associated with a certain name are being infringed upon.

On January 10, 2017, . . . read more

 

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January 13, 2017

 

FLORIDA APPELLATE COURT ISSUES NEW DECISION REGARDING ASSOCIATION DECLARATIONS

 

Florida’s Fourth District Court of Appeal recently issued a decision that could have important consequences for Florida condominium and other associations . . . read more

 

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December 20, 2016

 

FLORIDA'S THIRD DISTRICT COURT OF APPEAL CLARIFIES THE MEANING OF "ENTRUST"

In an important new decision, Florida's Third District Court of Appeal recently considered and clarified the definition of “entrust” in a commercial insurance policy . . . read more  

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December 8, 2016

 

IN CONSTRUCTION LOAN LAWSUITS, IT IS IMPORTANT TO UNDERSTAND CONTRACTUAL TERMS
 

Understanding the terms of a contract can mean the difference between success and failure in a lawsuit.  A recent decision regarding a lawsuit related to a $36 million construction loan reminds us of the importance of understanding those terms. . . read more

 

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December 1, 2016

 

COURT FINDS CONDOMINIUMS ARE BOUND BY THEIR DECLARATIONS

Do you know what is in your condominium’s declaration?  Not knowing and not making necessary amendments to it could have negative repercussions on you . . . read more

 

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November 15, 2016

 

FEDERAL CIRCUIT COURT UPHOLDS PLEADING REQUIREMENTS FOR RICO CLAIMS

Florida business owners and potential litigants must be cautious when drafting a claim under the Racketeering Influenced and Corrupt Organizations Act ("RICO").  Crafting a claim under RICO that can survive the scrutiny of a Federal court requires careful attention to the requirements of the law . . .read more

 

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November 8, 2016

 

TRADE SECRETS LAWSUIT SUCCESS MAY DEPEND ON HOW YOU IDENTIFY THE TRADE SECRETS

The Defend Trade Secrets Act of 2016 (“DTSA”) was enacted on May 11, 2016.  The DTSA is landmark legislation which purports to grant new protections to owners of trade secrets . . .read more

 

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November 1, 2016

 

CHALLENGING A REAL ESTATE PROJECT IN FLORIDA?
 

On October 26, 2016, Florida’s Third District Court of Appeal rejected claims by five individuals residing in the City of Miami and two residing in the City of Miami Beach . . .read more