QUARANTA P.A. TRIAL LAWYERSQUARANTA P.A. TRIAL LAWYERS2026-06-04T09:58:21Zhttps://www.quaranta.law/feed/atom/WordPress/wp-content/uploads/sites/1504563/2025/05/cropped-quaranta-fav-icon-32x32.pngOn Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[Why are executives accused of breaching their fiduciary duty?]]>https://www.quaranta.law/?p=503242026-06-04T09:58:21Z2026-06-04T09:58:21ZExecutives at a company often have a fiduciary duty, not just to the business, but also to any investors or shareholders. These are people who have put their own financial capital into the business in one form or another, and they trust the executives to competently run the company and make decisions in good faith that should support the company’s net worth.
This does not mean that all companies are going to be successful. Some investors do lose their money. Businesses do decrease in value. Some investors are never paid back the money that they expected, perhaps because the business goes bankrupt.But that alone does not mean that the fiduciary duty has been breached. The issue arises when someone with that fiduciary duty is instead acting in their own best interests.
Why would a fiduciary duty be breached?
Often, claims of a breach of fiduciary duty center around the fact that decisions were made that may help someone personally, but at the expense of the business.For example, say that an executive decides to go with a new parts and materials supplier for an established company. It turns out that the supplier is one of their family members, so the family benefits from the contract. However, the parts and materials are overly expensive and of lower quality, which means that the company’s valuation itself drops. Consumers are unhappy with the products.In a case like that, shareholders may complain that the individual in question breached their fiduciary duty. They made a decision that would be financially beneficial to themselves and their family, even though they knew it would harm the business and cause the shareholders to lose money.These types of cases can get very complex, and all involved must understand their legal options.
]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[How can you limit risk in a business dispute?]]>https://www.quaranta.law/?p=503202026-05-22T10:30:10Z2026-05-22T10:30:10ZCompanies have several parties they do business with for a variety of reasons, each of which can lead to costly and time-consuming disputes if they aren’t handled carefully. It’s critical that businesses take steps to limit their risk if they’re involved in a dispute.
One of the most important steps to take starts as soon as the professional relationship is established. Clear written agreements are one of the most effective ways to eliminate misunderstandings and confusion.
Points to include in a contract
Contracts aren’t common in some industries where the business has customers. For example, a restaurant typically won’t ask a guest to sign a contract to dine there. The same thing is true for stores that likely won’t ask customers to sign a contract to shop. In other cases, such as when a company is doing business with another company or vendor, a contract is standard. The terms in the contract should include any agreements the parties came to. Having these in writing and signed by both parties can remove the chance of either side claiming they weren’t aware of the terms.
Communication matters
Communication is also important because problems that are ignored tend to grow. Delayed payments, missed deadlines, disagreements and quality concerns can sometimes be handled better if both parties talk about the situation. It’s important that the communication remains calm and productive because doing so may help to preserve the business relationship. Some business disputes can’t be resolved informally, which could trigger other steps. This might include negotiations, mediation, arbitration or litigation. Preparing for those steps isn’t always easy, but the complexity might be reduced if your company has someone on its side who can assist with the entire process from prevention through addressing a legal case.
]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[Tips for ending a business relationship with a vendor]]>https://www.quaranta.law/?p=503192026-05-08T13:43:06Z2026-05-08T13:43:06ZBusinesses often count on multiple vendors to provide goods and supplies. But, just because a company chose a vendor doesn’t mean that they have to stick with that vendor. There are times when ending a business relationship with a vendor is the smartest decision for the company, but this must be done in the correct manner.
If you’re in this position, you should review the contract before you approach the vendor. This is a chance to determine if there are any specific steps you have to take. Many contracts include a minimum notice or a chance for the vendor to correct the defects before the business relationship is terminated.
Clarify the reason for the termination
When you talk to the vendor, they may want to know the reason for the termination. This should be provided as concisely as possible. In some cases, it might be the vendor’s actions, but it could also be because the needs of the business have changed. Some vendors may want the opportunity to address the reasons, but you should only allow that if it’s in your company’s best interests.
Plan for the transition
As you end the business relationship, you’ll have to ensure that you take care of the final steps on your side. This includes making the final payment and returning any property that’s the vendor’s. You may also need to work with the vendor on a transition to a new vendor, as well as intellectual or proprietary information protection. Working through this type of situation can sometimes be simple, but it’s a good idea to have someone on your side who can assist with the matter if litigation becomes necessary. Ultimately, the goal is to protect your business.
]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[The value of a business partnership agreement]]>https://www.quaranta.law/?p=503112026-04-23T09:36:07Z2026-04-23T09:36:07ZIf you are starting a business partnership, it is generally wise to use a business partnership agreement. This serves as a contract between you and your new business partner.
One of the main benefits of doing this is that it gives you a way to quickly and fairly resolve potential disagreements. You can identify preferred dispute resolution tactics in advance.Additionally, having a contract in place helps to clearly outline your rights and responsibilities within the business. Disputes sometimes arise due to things like the division of revenue or the ownership percentages that each business partner holds. By having a contract in place in advance, it can sometimes avoid these disputes entirely. If they do occur, the contract provides written documentation that can resolve the issue.
What should your partnership agreement include?
Naturally, every partnership is unique, but some areas to address include:
The name of the business or the partnership
The expected contributions from each partner
The percentage of ownership that each partner will receive
How you will divide both profits and losses
What authority each partner has to make certain decisions
Steps that should be taken if one partner wants to leave the partnership, or if they pass away
How the two of you should resolve any disputes that do occur, despite having documentation in place
Often, just by having these conversations in advance and making critical decisions while drafting the paperwork, disputes become less likely. But they are still possible, especially as a partnership grows and the value of the business increases. If you and your partner find yourselves involved in such a dispute, be sure you know exactly what legal rights and options you have.
]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[How to protect your business reputation during litigation]]>https://www.quaranta.law/?p=503102026-04-08T17:55:25Z2026-04-08T17:55:25ZNavigating confidentiality and state privilege
A primary risk in Florida corporate disputes is the inadvertent waiver of the attorney-client privilege. According to state law, inadvertent disclosure may trigger a subject matter waiver, allowing discovery into related confidential communications.
Extrajudicial statements: Attorneys are bound by rules regarding trial publicity, but clients must also coordinate to avoid sanctions or prejudice to the jury pool.
Admissibility of statements: Any statement made by a company representative can be introduced in court as an admission by a party-opponent.
Maintaining a legally reviewed narrative prevents the opposition from utilizing public comments to undermine your courtroom strategy or influence a potential jury pool.
Proactive stakeholder management under Florida law
Public trust is maintained through transparency, but Florida businesses must also navigate fiduciary duties. If a dispute involves a breach of contract or trade secrets, the Florida Uniform Trade Secrets Act may dictate what can be disclosed without losing proprietary protections.
Shareholder transparency: Florida directors must communicate litigation risks accurately to fulfill their fiduciary duties of care and loyalty.
Defamation defense: Monitor for Injurious Falsehood or Defamation per se if false statements disparage the company's integrity
Client retention: Addressing the dispute with key partners ensures the litigation is perceived as a manageable professional disagreement rather than a systemic failure.
Proactive engagement allows the business to define the narrative rather than simply reacting to the accusations of the opposing party.
Preserving long-term brand value
Careful reputation management in Florida seeks a middle ground where integrity remains visible throughout the conflict. By prioritizing strategic communication alongside a robust legal defense, business leaders can ensure the organization emerges from litigation with its professional relationships and brand value intact.
]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[What employee pay records must employers keep?]]>https://www.quaranta.law/?p=503092026-04-07T09:01:41Z2026-04-07T09:01:41ZEmployers have a responsibility to keep specific records regarding employee pay. The Fair Labor Standards Act sets the requirements for covered employers to keep certain payroll and time records for all nonexempt employees. These employment records must be accurate and contain complete information that shows who the employee is, how time is measured, and what wages are paid. It’s critical that these records are current. They come into the picture when there are wage and hour claims made by employees or former employees.
What must be included in employee records?
Basic identifying information, such as the employee’s full name, address, sex, occupation and Social Security number. A birthdate must also be recorded for employees who are under 19 years old. On top of identifying information, the employee record must track when the employee works. This must be specific information, including the workweek dates, hours worked each day and total hours for each workweek. The records must also indicate the pay rate for the individual, how wages are paid and all other pay information. Things like commission must be clearly documented. Overtime calculations and all withholdings must be included in the record. These include taxes, federal withholdings and all deductions, such as medical insurance, life insurance and anything else the employee consented to. Understanding exactly what should be kept in an employment file is crucial for all employers. Having comprehensive and clearly organized records is beneficial if there are claims about wage and hour matters. It’s also a good idea to work with someone who’s familiar with these matters so they can assist with planning and any issues that come up.]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[Can workers sue over withheld severance pay?]]>https://www.quaranta.law/?p=503062026-03-21T00:39:18Z2026-03-21T00:39:18ZThe law does not impose severance obligations
Nothing in Florida employment statutes makes severance pay mandatory. There are laws regulating severance pay in cases where companies negotiate severance packages with their workers, but they do not make severance pay mandatory.
Typically, severance agreements include clauses that allow companies to deny a worker a contractually-promised severance package if the company terminates the worker for cause. If a professional fails to fulfill key responsibilities, does not meet performance metrics or has disciplinary issues that lead to their termination, their employer can generally justify the decision to withhold their severance package even if their contract includes provisions for one.
Employers generally have an obligation to uphold the terms of an employment contract, even at the end of a working relationship. Companies preparing to terminate an employee and companies facing claims from prior workers may need assistance.
From proper documentation to contract review, there are many steps businesses can take to minimize the risk of employees initiating litigation against a company. Partnering with an attorney familiar with complex business litigation can help companies limit their risk of and effectively respond to lawsuits brought by workers.]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[What happens in a shareholder derivative lawsuit?]]>https://www.quaranta.law/?p=503052026-03-05T20:37:46Z2026-03-05T20:37:46ZShareholders generally benefit when the companies in which they invest are profitable. They typically do not want to take any actions that might undermine the company’s success or eat into the organization's profits.
Occasionally, shareholders might feel compelled to file lawsuits, especially in cases where company leadership or a coalition of other shareholders has violated their rights. Other times, concerned shareholders may feel compelled to take action on behalf of the company rather than against the company. Shareholder derivative lawsuits are sometimes necessary to address incompetence or misconduct that could damage an organization.
What is a derivative action?
As briefly explained above, most lawsuits initiated by shareholders involve the shareholders acting on their own behalf to address a violation of their rights or a breach of their agreement with the organization. Occasionally, shareholders may recognize signs of overt misconduct or incompetent leadership that force them to take action on behalf of the company. A shareholder derivative lawsuit occurs when those who have invested in the company take legal action against organizational leaders due to their misconduct or inept management of the organization.Derivative lawsuits involve shareholders acting on behalf of the company to protect it from a loss of resources or other major setbacks caused by how executives run the company. Successful derivative actions can prevent unfavorable transactions or remove people from positions of authority within the company if they have abused their power previously. Concerned shareholders and company executives often need guidance during complex business litigation. Consulting with an attorney familiar with securities-related matters, including shareholder litigation, can be beneficial for those concerned about company operations or a pending lawsuit against business leadership. ]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[The importance of severability clauses in contracts]]>https://www.quaranta.law/?p=503042026-02-17T09:14:05Z2026-02-17T09:14:05ZBy including a severability clause in a contract, the parties to the contract can make sure that if one or more of the terms in the contract is ruled void and unenforceable by a court, the remainder of the contract is still valid.
A clause may be ruled unenforceable if the parties to it go to court to settle a dispute that arises over it. A clause may have been faulty from the beginning – particularly if there wasn’t sufficient (or any) legal review of the contract. Sometimes, however, changes in the law can make one or more clauses unenforceable. A severability clause typically states something to the effect that if a provision of the contract is determined to be invalid, illegal or unenforceable, that doesn’t affect the enforceability of any other provision. The clause can single out certain terms in a contract that cannot be severed without voiding the entire contract. That generally applies to provisions that are integral to the purpose and nature of that contract.
Savings and reformation language
These clauses typically contain two types of language: savings and reformation. The savings language is what states that if one or more terms of the contract are voided, the remainder of the contract is still valid. In fact, severability clauses are sometimes referred to as savings clauses.Reformation language describes what happens to the clauses deemed void and unenforceable. For example, parties to the contract may agree that a court can modify an unenforceable clause (especially if it’s something relatively simple like a change in the law or regulations) to make it enforceable. If the parties to a contract don’t want any invalid clauses modified, the severability clause can state that.Severability clauses aren’t as simple as they may seem. It’s crucial that parties to a contract ensure that such a clause accurately reflects what they want to occur if a part of that contract is ruled invalid. When each party has its own legal guidance, it can help to ensure that the contract accurately reflects their intentions and protects their rights.]]>On Behalf of QUARANTA P.A. TRIAL LAWYERS<![CDATA[3 common forms of bad faith insurance practices]]>https://www.quaranta.law/?p=503032026-02-04T13:57:12Z2026-02-04T13:57:12ZBusinesses typically carry multiple types of insurance. Different industries require different forms of coverage. Executives and owners may acquire business interruption insurance, liability policies and coverage to address professional errors.
Should an issue arise, the insured organization should be able to rely on its coverage to offset covered losses. Federal and state regulations require that insurance companies uphold their policies in good faith. Sometimes, bad faith practices complicate insurance claims.The three scenarios below are relatively common and may require legal assistance to effectively resolve.
1. Misrepresenting the policy
Insurance professionals sometimes intentionally lie to policyholders about their coverage. They may claim that the loss is not eligible for coverage due to specific details about the situation. The goal is to deter people from following through with a claim that could otherwise be successful.
2. Delayed communication
Refusing to acknowledge a claim or communicate with the policyholder can also constitute bad faith insurance practices. By leaving emails and claims unanswered, insurance professionals hope to reduce the final number of successful claims. People frustrated by getting the runaround sometimes give up instead of pursuing the coverage that they deserve. Insurance claims are subject to certain rules regarding turnaround time in most cases.
3. Offering unreasonable settlements
A settlement balances convenience with the need for a prompt payout. Insurance companies often offer settlements that are less than the full policy limits. When the settlement offer is also well below the total losses incurred, it may not be reasonable and appropriate. Busy business leaders may not have time to micromanage insurance claims and deal with bad faith practices. Retaining legal support while dealing with insurance disputes can prove beneficial for those dealing with delays, misrepresentation or unfairly low settlement offers.]]>