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Tag Archives: business litigation

Preserving Evidence Is Important Before and During Litigation

Preserving Evidence is Important Before and During Litigation If you are embroiled in a dispute with someone, whether it be an employee, a competitor, a business partner, or the like, it is critically important that you take steps to preserve any and all documents and materials that are or may be relevant to your dispute, […]

Englander Fischer Welcomes Diedre N. Turner

Englander Fischer is pleased to welcome Diedre N. Turner to our paralegal staff. Diedre has been a paralegal for more than 23 years, having spent the first 15 of those years in Las Vegas, NV, where she gained a background in such areas as business litigation, wrongful termination, eminent domain, product liability, patent infringement and breach […]

Martindale Hubbell AV Rating Is Awarded to Attorney John Waechter For Litigation and Securities Law

Martindale Hubbell AV Rating Is Awarded to Attorney John Waechter For Litigation and Securities Law Englander Fischer is proud to recognize John Waechter who recently received an AV rating from Martindale Hubbell in Litigation and Securities Law. Following an extensive and confidential review by members of the Bar and Judiciary, this designation allows John to […]

Class Action Suits Continue To Rise In Florida

Filings of class action suits continues to rise in Florida and the financial impact of these claims pose a dramatic threat to the survival of the defendant company.  That’s the bad news.  The good news is that your enterprise can take simple steps to potentially eliminate class threats before they begin through the use of […]

What Happens When Your Living Trust and Your LLC Operating Agreement Do Not Agree?

What Happens When Your Living Trust and Your LLC Operating Agreement Do Not Agree? A decedent had entered into an Operating Agreement with his sister. Each owned a 50% interest in an LLC. The Operating Agreement imposed restrictions upon the ability of each member to convey, during lifetime or at death, his or her interest […]

An Independent Medical Examination May Be Required in Some Business Litigation Cases

Can you require the opposing party in a business litigation case to submit to an independent medical examination? Yes, under certain circumstances. Florida Rule of Civil Procedure 1.360 provides that a party may request that the other party (or a person within the other party’s custody or legal control) submit to an examination by a […]

Fees Are Not Always Recovered in Litigation

Q: If I prevail in a lawsuit, can I recover my attorneys’ fees? A: Not always. In order to recover attorneys’ fees, there must be either a contract or statute that provides for recovery of attorneys’ fees. If there is no contractual provision or statute related to your cause of action that provides for prevailing […]

Can Class Action Waivers Be Included in Consumer Agreements?

Yes, under certain circumstances. A Class Action Waiver is a provision inserted into your standard consumer agreement whereby the purchasing consumer waives his or her right to appear as a representative Plaintiff in a Class Action suit brought against your company. Class Action Waivers are becoming increasing popular as a mechanism to protect your business […]

Does Florida Law Protect Business Computers and Electronic Data From Theft?

Florida’s Computer Abuse and Data Recovery Act (“CADRA”), which became effective on October 1, 2015, provides a civil remedy for businesses harmed by persons who access, take, or destroy business data, systems or software from a “protected computer” without authorization. Violators might be insiders, such as disloyal employees, or they could be outside hackers stealing….

Englander Fischer Attorneys Named ‘Super Lawyers’ for 2015

Senior Partner Lenny Englander and Partner Courtney Fernald Have Each Been Recognized by Super Lawyers for Several Years in a Row Englander Fischer LLP is proud to have two partners rated by Super Lawyers in 2015. The firm congratulates senior partner Leonard S. “Lenny” Englander on earning the prestigious title of “Super Lawyer” for the […]

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