Written by: Brian Barakat, Esq. In commercial litigation, defendants often try to rely on the “four corners” of a contract to defeat claims of fraudulent inducement. The common refrain is familiar: “The contract says this is the entire agreement—therefore, any prior oral representations are irrelevant.”  But Florida law draws an important distinction between contractual terms and...Read More

Written by: Eliana Cotton and Peter Dzuba Esq.  Part II of a two‑part series examining the real‑world mechanics of Rule 144, including legend removal, legal opinions, and compliance pitfalls that shareholders and companies must manage during secondary transactions.  I. The SEC’s Anti-Evasion Warning: “Plans or Schemes”  In the SEC’s “Preliminary Note” to Rule 144, we find the following caveat: “The Rule 144...Read More

Written by: Eliana Cotton and Peter Dzuba Esq.  Part I of a two-part series breaking down Rule 144 and explaining how restricted stockholders—including founders, employees, and early investors—can navigate the core legal requirements before pursuing a resale.part series breaking down Rule 144 and explaining how restricted   For many startups, growth depends on raising capital through founder issuances, equity grants to employees and consultants, and private placements to...Read More

Written by: Sarah Barickman, Esq. Part II of a two-part series exploring how Florida’s new CHOICE Act impacts the enforcement of restrictive covenants and what employers should know as the law takes effect. In Part I of this series, we outlined the key features of Florida’s new Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth...Read More

Written by: Sarah Barickman, Esq. Part I of a two-part series exploring how Florida’s new CHOICE Act impacts the enforcement of restrictive covenants and what employers should know as the law takes effect. Florida’s new CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act) represents a major shift in how restrictive covenants are enforced....Read More

Written by: Ali Iftikhar, Esq. Homeowners in Florida can recover up to $2 million in actual losses caused by general contractors who have, for example, left them mid-project with unfinished work, defective work, or who have run off with their money leaving liens against the homeowner’s property. The saving grace? The Florida Homeowners’ Construction Recovery...Read More

Written by: Jocelyne A. Macelloni, Esq. Part III of a three-part series exploring how early issue identification, sanctions strategy, and fee recovery can combine to achieve a total defense victory. Introduction: Protecting the Integrity of a Defense Victory  A favorable ruling does not end a dispute when the opposing party is determined to keep litigating...Read More

Written by: Jocelyne A. Macelloni, Esq. Part II of a three-part series exploring how early issue identification, fee-shifting tools, and procedural planning combine to achieve a total defense victory. Introduction: Strategy is a Continuum, Not a Reaction   Litigation strategy does not end with the granting of summary judgment. For defendants, the next phase often determines whether the victory will be meaningful...Read More

Written by: Jocelyne A. Macelloni, Esq. Part I of a three-part series exploring how early issue identification, sanctions strategy, and fee recovery can combine to achieve a total defense victory. Introduction: The Case for Day-One Strategy in Florida Litigation Litigation success rarely begins in the courtroom, it begins at intake. The first conversations with a...Read More

Written by: Brian Barakat, Esq. Few areas of Florida law are as essential—and as unforgiving—as the recovery of attorney’s fees. At Barakat + Bossa, our business trial attorneys have spent years mastering the intricate statutes and case law that govern fee-shifting provisions. That expertise was recently affirmed in our victory last month in the Luciana...Read More