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ADR to Resolve Contract Disputes

Alternative dispute resolution (ADR) is an excellent choice for resolving contract disputes outside of a courtroom. With ADR, the parties involved in the dispute have the option of negotiating a resolution that is agreeable to both parties. Common forms of ADR include mediation and arbitration. Both of these options allow the individuals involved in the dispute, and their attorneys, the ability to privately discuss the contract and dispute, and find an agreeable outcome. Unlike a trial, mediation is not conducted before public spectators, the media, or uninvolved parties. With mediation, the mediator serves as a guide, but does not have... Read More

Equitable Remedies Available in Business Contract Disputes

When a contract is breached or disputed, the complex nature of the document is challenged, and all parties involved are tasked with finding resolution. One of the most debated and complex aspects of contract disputes are the remedies that may be available. Clients involved in a contract dispute often are mistaken about what forms of damages or remedies they may qualify for. It is crucial to a successful resolution for the mediator and attorneys to carefully navigate the process of identifying which means of resolution is best and most applicable to the case. In Florida, there are three primary forms... Read More

Breach of Contract: Legal Remedies That Can Be Pursued

When two or more parties enter into a contractual agreement, they agree to abide by the terms of the contract, including understanding that breaching the contract could result in injury and losses. It is important that any individual entering into a contract seek the guidance of a legal professional before placing their signature on the document. Because the law allows for specific remedies if one party is injured due to a breach of contract, the financial implications of a contractual agreement can be significant. Several legal remedies can be pursued if a contract is breached, so it is important that... Read More

Mediation in Debtor/Creditor Matters

As plaintiff’s counsel in commercial or business litigation in Florida, you have no doubt been in a position where you know you have a good case, and that your client is in the right. Your client is also probably very well aware of this fact. The expectation that you will succeed and recover monetary damages is high. The defendant may not even be contesting liability in your case. However, you have a problem. The defendant is teetering on the verge of insolvency. If you win and obtain a judgment, you may trigger a universal default with the defendant’s other creditors.... Read More

The Financial Institutions Bankruptcy Act of 2014

The U.S. House of Representatives spent Cyber Monday in session rather than online shopping. On December 1, 2014, the House passed H.R. 5421, aka the Financial Institutions Bankruptcy Act of 2014. The bipartisan bill was introduced in September. It received support from both sides of the aisle in the House as well as the support of the Federal Reserve, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency. If the bill receives approval by the Senate and the signature of the President, it would amend the Bankruptcy Code as it pertains to insolvent financial institutions by... Read More