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Drafting Or Enforcing A Liquidated Damages Provision? Make Sure The Amount Is Reasonably Proportionate.

USA - May 12 2021 Oftentimes, the “bite” of a liquidated damages provision is dictated by either the relative negotiating strength of the parties or by the failure of…

Florida’s Non-Competition Statute Governs More Than Just Competition, and Pleading the Statute’s Factors as an Affirmative Defense Might Not Be Required

USA - May 11 2021 In an appellate opinion that starts with a discussion about an alleged breach of a real estate listing agreement, but then becomes focused on…

How Do You Authenticate A Text Message During Trial?

USA - September 17 2020 One of the most basic evidentiary issues encountered during court proceedings is the authenticity of a thing presented. In other words, is the thing…

The Loan Documents Encumber Real Property in Two Separate Florida Counties. How Many Foreclosure Actions Are Necessary, and Where Should the Lender File the Action(s)?

USA - September 17 2020 Commercial lenders frequently collateralize multiple properties as part of making loans to borrowers. Even if a loan does not begin with a mortgage…

Florida Appellate Court Remands for Evidentiary Hearing to Determine Whether Non-Signatories Bound by Agreement to Arbitrate

USA - August 27 2020 Courts frequently compel persons who are not named parties to arbitration agreements to, nonetheless, participate in arbitration proceedings. Various…