dadelstein@gmail.com

954-361-4720

Call Us For Free Consultation

Search

Ebook: Innovative Attorney’s Fee Arrangements – Providing Value To YOUR Business Objectives

Are you interested in learning more about innovative attorney's fee arrangements that provide value to your business and are outside of the boring, traditional hourly billing model.  If so, check out my ebook on Innovative Attorney's Fee Arrangements:  Providing Value To YOUR Business Objectives.   You can also check out this ebook for Nook.          Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1....

Continue reading

Enforcing Non-Compete Agreement with Injunctive Relief

There are numerous employers that want employees to sign a non-compete, non-disclosure, and non-solicitation agreement (collectively, the “non-compete agreement”).   For good reason, they don’t want to train employees to learn the business’ trade secrets and business practices (e.g., marking strategies, pricing, techniques, customer lists, etc.) only to then compete with the employer and solicit its clients.   The non-compete agreement will allow the employer to move for injunctive relief if a former employee violates the agreement to maintain the status quo and prevent the irreparable harm to the employer. An example is as follows. In Allied Universal Corp. v. Given, 42 Fla....

Continue reading

Strict Construction of Condominium and Homeowner Association’s Declarations

Do you live in a condominium or in a homeowner’s association? If so, then you know you are governed by a Declaration of Condominium (in the case of condominium unit ownership) or a Declaration of Covenants (in the case of home ownership).  Please review these in addition to any amendments that may modify any of the paragraphs or covenants. These are recorded in the official, public records where the condominium or homes are located. So, you can obtain these documents online with ease.  Declarations are covenants running with the land operating as a contract between the governing association and owners. See Woodside...

Continue reading

Insurance Coverage Disputes where the Focus is the Policy Language

Insurance coverage disputes are fairly common between an insured and his/her/its insurer.   These are important disputes to an insured, particularly when they have been damaged and their insurer refuses to defend them from a third-party claim or otherwise denies coverage. An insured never wants to be in this position—understandably so. On the other hand, an insurance policy is not designed to cover every single risk under the sun as there are exclusions identified in policies for risks or perils that are not covered.   This ultimately means an insured needs to have an appreciation of those risks or perils not covered...

Continue reading

Don’t Neglect Mediation!

I believe in the process of mediation for all disputes, particularly complicated factual business disputes. I use the word "process" because that is what mediation really is – a series of actions to achieve a particular end. Mediation can be a tiring process. A frustrating process. An informative process. A continuing process. A result-oriented process. In certain instances, a futile process. Oftentimes, mediation is a mixture of all of the above. Mediation allows parties to make a business decision based on their perception of risk -- the risk of losing or the risk of damages award (greater or lesser than...

Continue reading

Stay Money Judgment Pending Appeal

A money judgment is entered against you, but you are going to appeal. Can the collection of the money judgment be stayed pending appellate review? Yes. Florida Rule of Appellate Procedure 9.310 provides in material portion: (a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. A stay pending review may be conditioned on the posting of a good and sufficient bond,...

Continue reading

Innovative or Alternative Fees Can be a Win-Win!

What is the traditional model of lawyering?  Simply put, it is hourly billing.  There is nothing wrong with this model; however, there are other alternative or innovative attorney's fee models out there that factor in performance, results, and efficiency.  These are models that incentivize performance which is always in a client's best interest.  Stepping out of a comfort zone is tough considering we are all creatures of habit.  But, there are instances where trying something innovative or alternative is a win-win for you from a budgetary standpoint and, importantly, a results standpoint.  If you are interested in learning more about...

Continue reading

Timely Filing Motion for Attorney’s Fees and Costs

Florida Rule of Civil Procedure 1.525 provides: Any party seeking a judgment taxing costs, fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal, which judgment or notice concludes the action as to that party. This is a specific statutory time period and a motion for rehearing does NOT toll this 30 day period. Jackson v. Anthony, 39 So.3d 1285, 1286 (Fla. 1st DCA 2010). This means that a motion for a final judgment taxing attorney’s fees and costs must be made...

Continue reading

A Contractual Waiver of the Right to Challenge Venue is Enforceable

Many contracts contain a forum selection provision or a venue provision.   Contracts may even contain language that parties agree not to challenge or otherwise waive the venue of any filed lawsuit. An example of such a provision was included in an operating agreement: This Agreement is to be construed and governed by the laws of the State of Florida (without giving effect to principles of conflicts of laws). Each party hereto irrevocably agrees that any legal action or proceeding arising out of or in connection with this Agreement may be brought in any state or federal court located in Florida (or in...

Continue reading

Impeachment as to Prior Crimes in Civil Trials

In a civil trial, I want to attack (impeach) the credibility of a testifying witness by bringing up a crime that witness committed. Can I do this? When it comes to impeaching the credibility of a witness based on crimes, Florida Statute s. 90.610 states in material part: (1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, or if the crime involved dishonesty or...

Continue reading
Contact Me Now

Prove YOUR Case!

Contact:

David Adelstein ♦

(954) 361-4720 ♦

dadelstein@gmail.com