Author Archives: Site Administrator
Can an LLC Member Recover the Cost of an Appraisal of the Member’s Interest?
In a proceeding to appraise an LLC minority member’s interest, the Court shall determine the appropriate costs for a court-appointed appraiser and is obligated to assess them against the LLC. The exception is when the Court finds the members acted arbitrarily, vexatiously or not in good faith, which allows the Court to assess the… Read More »
Government Child Care Fraud Hurts Families
If you are not part of a low-income family with small children, you may not have heard of the Child Care and Development Fund (CCDF). Similar to the Medicaid program, CCDF is a joint program between the federal government and the states that provides child care subsidies to eligible low-income families so the parent(s)… Read More »
When is a Whistleblower Case Barred by the Public Disclosure Rule?
When is a Whistleblower Case Barred by the Public Disclosure Rule: Business Litigation Attorneys Explain The False Claims Act contains a provision commonly known as the public disclosure bar. This provision, in certain circumstances, prevents whistleblowers from bringing qui tam cases if those cases are based upon facts or fraudulent schemes that have already… Read More »
What is Required for the Members to Dissolve an LLC?
Under the Florida Revised LLC Act (“Revised Act”), an LLC must dissolve when one of the following circumstances occurs: An event occurs that the LLC operating agreement provides will be a basis for dissolution. All of the members consent to dissolution. The passage of 90 consecutive days during which the LLC has no members… Read More »
Civil Penalties Under the False Claims Act Set to Rise
Increased Civil Penalties Under the False Claims Act – Business Litigation Attorneys Explain On June 30, the Department of Justice announced that it is adjusting the civil monetary penalties imposed under the False Claims Act, effective August 1, 2016. This follows a similar increase announced by the Railroad Retirement Board back in May of… Read More »
If I Bring a Lawsuit, Can I Force the Other Party to Pay My Attorney’s Fees?
As business litigators, we frequently get asked if there is a way to force the defendant (or the plaintiff, as the case may be) to pay our client’s attorney’s fees for the time spent litigating a case. The answer, like so many questions, depends on the circumstances. The so-called “American Rule” of attorney’s fees… Read More »
When is an LLC Required to Make its Records Available for Review?
LLC: Make Records Available for Review by its Members According to the Florida Revised LLC Act, the members of a member-managed LLC are entitled to review certain LLC records. The LLC must also provide to members documents or information considered material to a member’s rights or duties as set by the statute or the… Read More »
Why We Need Whistleblowers
Ralph Nader is often credited with coining the modern term “whistleblower” to refer to an employee who reports illegal, unethical or wrongful conduct at his or her place of employment. At our firm, we have had the privilege to represent many courageous whistleblowers who have had the integrity to stand up and report fraud… Read More »
Can a Minority Member Bring a Derivative Action to Enforce the Rights of the LLC?
Under the Florida Revised LLC Act (the “Revised Act’), a minority member may file a “derivative action” to enforce any right of the LLC. So what is a derivative action? A derivative action refers to the method by which a member who owns a minority interest in an LLC can bring a claim in… Read More »
What’s the Deal With Off-Label Drug Use?
Improper Off-Label Usage of Prescription Drugs Broadly speaking, “off-label” drug use occurs when a doctor prescribes a medication for a condition or ailment that is not specifically approved by the FDA. When the FDA approves a drug, the manufacturer is required to submit studies showing that a drug works for a specific condition and… Read More »