By Jorge R. Delgado Among the classes of protected speech under the First Amendment, commercial speech does not rank in the highest echelons.  But businesses should not be quick to dismiss a potential constitutional challenge to governmental regulation that improperly infringes on their right to advertise, exchange information, or engage …

By Steve Silverman and Marilyn Kohn In August, Kluger Kaplan obtained a major victory for Dollar Tree against Winn Dixie.  The case dealt with numerous, complex legal issues relating to restrictive covenants, but one particularly interesting facet dealt with ascertaining the intent of the restrictive covenants incorporated into leases that …

By Alan J. Kluger It is well-settled that in Florida you can only recover attorneys fees pursuant to a statute or by agreement of the parties.  Many business disputes arise over a contract, which contains a provision awarding attorneys fees to the prevailing party.  A strategic question that often arises …

Congratulations to Founding Member, Steve Silverman, who was a finalist in the Business Litigation category of the Daily Business Review’s Most Effective Lawyers of 2012. Steve was recognized for his successful representation of Dollar Tree against Winn Dixie.  Steve and his trial team successfully argued that the interpretation of the …

By Philippe Lieberman Two weeks ago, I blogged about the importance of a written agreement to mitigate future litigation when a business partnership goes south. (Previous post can be found here) But what happens if you entered into the agreement on a handshake deal, without a written agreement?   What if the partnership breaks …