Tag: willful-misconduct
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New Law Allows Companies to Sue For Trademark Infringement Without Proving Intent
– The U.S. Supreme Court has settled a long-standing split among federal appeals courts regarding trademark infringement under the Lanham Act. – The Court ruled that a plaintiff alleging trademark infringement no longer needs to demonstrate the defendant acted willfully in order to recover disgorgement of profits. – Justice Gorsuch, writing for the Court, rejected…
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Did a Florida LLC Member Break the Rules When Giving Out Money?
1. Florida courts recognize a tort cause of action for breach of fiduciary duty. 2. The elements of a claim for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of that duty; and (3) damage proximately caused by that breach. 3. Breach of a fiduciary duty is an intentional…
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Understanding Liability Protection for Your Business in Florida
1. Florida statutory law protects LLC members and managers from personal liability for the obligations of the LLC. 2. Even if an LLC dissolves or fails to observe normal formalities, managers and members are not personally liable for the company’s debts or liabilities. 3. Limited liability is one of the main reasons for forming an…
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Florida’s New LLC Law: What it Means for Your Business
1. The Florida Revised Limited Liability Act, effective for new LLCs from July 1, 2014, and for existing LLCs from January 1, 2015, is largely based on the Uniform Law Commission’s 2006 Revised Uniform Limited Liability Company Act. 2. The new Act is a default statute, meaning that many provisions only apply if not addressed…