South Florida Arbitration & Litigation Lawyer Blog

Can a Florida Court Obtain Jurisdiction Over a Non-Florida Limited Liability Company to Enforce a Charging Lien Against a Florida Resident’s Membership Interest? South Florida Commercial Litigation and Collection Attorney? If you are reading this article, you are likely a judgment creditor attempting to recover, on your judgment, against an individual or entity that is…

The Florida Limited Liability Company Act, which is located in Florida Statutes 608.401 – 705, provides that a judgment creditor to any member of a limited liability company may obtain a charging order against the member’s interest in the company or foreclose that interest in the company under certain circumstances. As to the charging order,…

On October 10th 2019, a final judgment in the amount of $46,000 was entered against Christophe Brayer, Oliver Chauve, Euro Global Distribution, LLC. and International Distribution Group, LLC. in favor of EGD Investment, LTD and MSS International Consultants (BVI) LTD in the case no. 2017-027394 filed in the Circuit Court of the Eleventh Judicial Circuit…

To establish a joint venture in Florida, the written contract must contain the following five elements: (1) a community of interest in the performance of a common purpose, (2) joint control or right of control, (3) a joint proprietary interest in the subject matter, (4) a right to share in the profits and (5) a…

The elements required for pleading a civil conspiracy in Florida are (1) a conspiracy between two or more parties, (2) to do an unlawful act or to do a lawful act by unlawful means, (3) the doing of some overt act in furtherance of the conspiracy, and (4) damage to the plaintiff as a result…

The Securities and Exchange Commission recently announced that it has filed an emergency action and obtained a temporary restraining order and asset freeze against two individuals and two companies they control in connection with an alleged $6 million Ponzi scheme that defrauded at least 55 investors, many of whom are senior citizens or small business…

Recently, the Securities and Exchange Commission charged a South Florida attorney with aiding and abetting, through the issuance of fraudulent opinion letters, a previously-charged $322 million fraud allegedly perpetrated by a now bankrupt Florida-based cash advance company, 1 Global Capital LLC, its former CEO, and its former CFO on 3,600 retail investors. The SEC also…

True investment advisers have fiduciary obligations that they owe to their clients. As such, they have an obligation to make full and fair disclosure to clients and prospective clients concerning their material conflicts of interest, including conflicts arising from financial incentives, and to act consistently with those disclosures. This principle is reflected in Form ADV,…

The State of Florida has adopted its own version of the Uniform Commercial Code (UCC). The UCC, for most people including some lawyers, is not a easy statute to understand. Thus, if you believe that you have a claim under the UCC, prudence would suggest that you contact a qualified professional to represent your interests.…

A Pure Bill of Discovery is an equity pleading which is granted pursuant to the Court’s auxiliary jurisdiction. A Court’s jurisdiction usually consists of the right to decide a case or controversy between parties; however, Florida Courts, also have the auxiliary power and jurisdiction to enter orders that a person or organization provide documents, submit…