Business and Legal Insights

Jury trial waivers are common contract provisions found in commercial leases, construction contracts, purchase agreements, and other business agreements. Although these provisions are often overlooked during contract negotiations, they can significantly impact litigation strategy if a dispute later arises.Read More

Every commercial contract answers, expressly or by default, a deceptively simple question: if one party sells its business, merges, or restructures, does the deal travel with it? Assignment and delegation provisions supply that answer. They determine whether contractual rights can be transferred to a third party...Read More

Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical because different legal principles and...Read More

Representations and warranties define parties’ factual assumptions and assurances and allocate risk when those assumptions prove false, making them heavily negotiated provisions in commercial contracts. In litigation, representations and warranties are central in shaping claims and corresponding remedies...Read More

Specificity in drafting allows contracting parties to allocate risk with precision and enable efficient dispute resolution. Unclear contractual language can foster disputes and litigation. In addition to offering helpful drafting suggestions, this article will discuss the impact of ambiguous language in commercial...Read More

House Bill 625 (2021) amends Sections 733.6167 and 736.1007 of the Florida Statutes to require attorneys to make written disclosures for attorney fees in trust and estate administrations.Read More