1381. Law Office of David Steinfeld, P.L. Florida expert commercial litigator Real Estate Law Videos In this series, David Steinfeld discusses what business litigators do in real estate disputes, commercial due diligence, and residential disclosures with "as is" contracts,
He also discusses landlord-tenant issues from both the landlord and the tenant sides, what buyers and sellers need to know about brokers and real estate agents and for brokers and agents how they can best insulate their commissions.
1382. Law Office of David Steinfeld, P.L. Florida expert business lawyer David Steinfeld in Court These videos are of Board Certified expert business lawyer David Steinfeld’s oral argument to the 5th District Court of Appeals in Florida Cardiovascular v. Rao.
Mr. Steinfeld represented Doctors Ravi and Surya Rao as the plaintiffs in the trial. Mr. Steinfeld won at trial and the Defendant, Florida Cardiovascular appealed. Following this oral argument, the Appellate Court unanimously affirmed the trial court’s decision and upheld the Judgment that Mr. Steinfeld obtained for his clients.
1383. Law Office of David Steinfeld, P.L. David Steinfeld's Florida Business Law and e-Discovery Videos Videos of David Steinfeld discussing how businesses can prepare for eDiscovery to save money, they kinds of business entities in Florida, and how commercial lawsuits work in Florida.
He also addresses the liabilities that businesses have from inside and outside the business, bankruptcy, and what a business can do with a final judgment.
1384. Law Office of David Steinfeld, P.L. How do you create a Real Estate Sales Team A developing trend in the real estate business is the Real Estate Sales Team. Presently, the Florida Real Estate Commission Rules only allow brokers to supervise agents. But real estate agents can ethically, legally, and properly create a team under the supervision of a primary agent.
1385. Law Office of David Steinfeld, P.L. What do I need to know before I buy commercial property In 1985 the Florida Supreme Court decided that buyer beware does not apply to commercial property. In other words, caveat emptor is alive and well in non-residential real estate transactions. The reason is because commercial property buyers are capable of and knowledgeable about performing substantial due diligence. For that reason, they are considered sophisticated investors.
1386. Law Office of David Steinfeld, P.L. What do I need to know before buying a foreclosed home in Florida Caveat emptor or buyer beware does not apply to residential real estate purchases in the Sunshine State. Florida law places an affirmative duty on sellers to disclose unobservable material defects that the seller actually knows about. As a consequence, buyers have a right to rely on the seller’s representations about their home. But the particular circumstances of the transaction dictate whether a representation is material.
1387. Law Office of David Steinfeld, P.L. Does your lawyer move at the speed of your business Even before the coronavirus pandemic, technology available to businesses dramatically expanded. Likewise, the practice of law has embraced these technologies making it easier than ever for business lawyers to provide cost-effective and efficient services to their business clients. But is you lawyer embracing these technologies and being responsive to your business.
1388. Law Office of David Steinfeld, P.L. Should I consider pre-suit mediation Mediating voluntarily before a lawsuit is called pre-suit mediation. It can completely resolve the dispute at a low cost. If it does not settle, pre-suit mediation can still shape and narrow the issues for litigation and help to contain the future litigation expenses. The benefits of pre-suit mediation and whether it makes sense in a given scenario should be an early discussion between you and your business lawyer.
1389. Law Office of David Steinfeld, P.L. Do I need an operating agreement for my Florida LLC Most businesses formed in Florida over the past decade or more are limited liability companies or LLCs. Thus, the question often arises as to whether these LLCs need an operating agreement.
1390. Law Office of David Steinfeld, P.L. What do I need to know before starting a business in Florida Any person or existing business can incorporate and own a business in Florida. Florida does not have residency restrictions on the owners, but there must be a registered agent physically in the State for service of process.
1391. Law Office of David Steinfeld, P.L. Which is better the Inc. or the LLC If you Google whether you should choose the Inc. or LLC for your business, you will likely find scores of blogs and articles on the topic. The corporation denoted by Inc. and the limited liability company recognized by the letters LLC are very close. Basically, the LLC is easier to manage in many respects, but which one fits your business depends on several factors. Put another way, the question of whether to LLC or not to LLC is not an easy one to answer, but any sophisticated businessperson will research the issue as you are now doing.
1392. Law Office of David Steinfeld, P.L. I left my job and have a non-compete Under Florida law, non-competes are a restraint of trade and are strictly construed according to the Statute that controls them. Non-compete agreements must have consideration to support them and must be reasonable in their geographic scope and time limits.
Noncompetes may also be married with nondisclosure and nonsolicitation agreements. Those also restrict the use of knowledge gained during employment after employment. But NDAs and nonsolicitation agreements are often broader because they protect proprietary business information. However, NDAs and nonsolicitation agreements are not subject to the same limits as noncompetes. This speaks to the basics of a non-compete in Florida.
1393. Law Office of David Steinfeld, P.L. What you need to know before buying a home in Florida In 1985 the Florida Supreme Court decided that buyer beware does not apply to residential real estate. From then, Florida law placed an affirmative duty on sellers to disclose to buyers all material defects that they actually know about and that are unobservable to the buyers. As a consequence, buyers can rely on a seller’s representations about the house. But whether a particular representation is material under Florida law depends upon the circumstances of the transaction.
1394. Law Office of David Steinfeld, P.L. What is a lis pendens A lis pendens is a document filed in a lawsuit and recorded by the clerk in the public records. It creates a cloud on title to real property. It is specifically authorized in Florida by Section 48.23 of the Florida Statutes.
1395. Law Office of David Steinfeld, P.L. Is it mean to lien A lien under Florida law is really just notice that the lienholder has an interest in some property either real or personal. The most common liens are construction liens recorded by those who improve property and are not fully paid. But there are other types of liens. This addresses what the process and benefits of a lien and the implications of recording a lien.
1396. Law Office of David Steinfeld, P.L. How can I get out of my commercial lease Commercial leases are controlled by Part I of the Landlord Tenant Act in Florida. It is found at Chapter 83 in the Florida Statutes. The terms of each lease are unique. For each particular situation an experienced business lawyer must review your lease to determine if you can be released from those obligations and what you can do.
1397. Law Office of David Steinfeld, P.L. e-Discovery Explained e-Discovery or electronic discovery is the process of obtaining and exchanging electronically stored information or ESI in a civil lawsuit. ESI can include emails and digitally stored documents. Lawyers commonly use software to efficiently sort through that data. This article is an explanation of what e-Discovery is and how it works.
1398. Law Office of David Steinfeld, P.L. Should I Arbitrate The operative question about arbitration is normally whether to include an arbitration provision in your business contracts or to sign a contract that includes arbitration. Whether you should arbitrate your company dispute depends on a variety of factors including the contract, the cost, and the purpose for which you desire to use arbitration. These are the basics of a Florida arbitration.
1399. Law Office of David Steinfeld, P.L. What is mediation Parties in a Florida civil lawsuit are required to mediate before they can go to trial. Trials can be an uncertain and expensive process. Mediation allows the parties and their lawyers to meet confidentially with a mediator to discuss whether they can resolve their dispute. No one decides who is right or wrong in mediation.
1400. Law Office of David Steinfeld, P.L. What do I need to know before being deposed A deposition is a method in a Florida civil lawsuit by which a party can obtain information by asking questions directly of the deponent. They are generally transcribed by a court reporter and can also be videotaped. Simply put they are like a Q and A session but can sometimes be a critical junction in a lawsuit and can make or break the strategy of a party. This is the basics of a deposition.
1401. Law Office of David Steinfeld, P.L. What are Interrogatories, Requests to Produce, and Requests for Admissions In a civil lawsuit the parties obtain and exchange information in a process called discovery. This is different from criminal cases where the government brings a case based on evidence it uncovered. In a civil lawsuit the proponent of an allegation has to prove it with evidence obtained in discovery.
1402. Law Office of David Steinfeld, P.L. What data does my business have to keep Our world is increasingly digital. Businesses keep more information electronically. This highlights the question of what you must keep and what you can it delete in the context of a business dispute.
1403. Law Office of David Steinfeld, P.L. What do I need to consider before moving my business A move or change is usually positive or results in something positive in business. As the business owner, you decided to change location or expand to a different one. Whether your business is sales or service related, you still want to consult with your business lawyer on transport liabilities, storage of assets, and a review of your new lease before you sign it. This addresses what you should know before moving your business.
1404. Law Office of David Steinfeld, P.L. What do I need to know before investing in a business in Florida If you are thinking about investing in an existing Florida business, you should know that Florida law deems those who participate in business ventures to be sophisticated businesspeople to a certain degree. Therefore, you must do your due diligence before closing the transaction. While the level and amount of due dilligence is specific to the particular transaction, at least some due diligence should be undertaken.
1405. Law Office of David Steinfeld, P.L. What do I need to know before starting a business in Florida Any person or existing business can incorporate and own a business in Florida. Florida does not have residency restrictions on the owners, but there must be a registered agent physically in the State for service of process.
1406. Law Office of David Steinfeld, P.L. What do I need to know before buying a business in Florida It is critical to do your due diligence before buying an existing Florida business. Florida law deems those who participate in business ventures to be sophisticated businesspeople to a certain degree. While the level and amount of due diligence depends on the particular transaction, you should at least undertake some due diligence before closing.
1407. Law Office of David Steinfeld, P.L. How to set up a business online in Florida Setting up or forming a business in Florida is very easy. Simply go on the Sunbiz website and fill in the information. But determining which corporate entity to choose is a topic to discuss first with a business lawyer. You also discuss the tax implications with your accountant or CPA.
1408. Law Office of David Steinfeld, P.L. Can my accountant or CPA draft my legal documents Should you ask your accountant or CPA to draft my legal business documents. In short, no. But equally so you should not have your business lawyer prepare your taxes unless that person is also an accountant or CPA.
Occasionally accountants or CPAs try to serve their clients and help them by preparing bylaws for an Inc. or an operating agreement for an LLC or contracts. But those people lack the experience and training of skilled business attorneys and their good intentions often make matters worse.
1409. Law Office of David Steinfeld, P.L. How can I best protect my business In addition to representing businesses in disputes, business lawyers provide advice and counsel to help business owners avoid trouble. Aside from a house or large boat, a business is likely the largest investment of time and money that a person can make. Failing to plan for success and growth with the right corporate governance and business documents can jeopardize that investment.
1410. Law Office of David Steinfeld, P.L. Am I bound to a business document I did not read With a few exceptions, generally yes, you are bound to a business document you signed even if you did not read it. Sophisticated businesspeople do not gamble on the exceptions. They consult with a good business attorney to ensure that their rights and interests are adequately protected. Doing helps them to fully understand the terms so they can make the business decision whether or not to sign the agreement.