admin, Author at Byrd Campbell

2020 REVISIONS TO THE FLORIDA CORPORATION ACT: MORE WEAPONS FOR CORPORATE TRIAL LAWYERS

Corporate trial lawyers who practice their craft in the courtroom—particularly those not inclined to pore over legislative updates—may have overlooked some of the recent important changes to the Florida Business Corporation Act (“Act”) effective January 2, 2020, § 607.0101, et seq., F.S., which could have a big impact on their cases. The changes were principally made to harmonize the rules relating to corporations and limited liability companies and were largely derived from the Model Corporation Act.

2020 REVISIONS TO THE FLORIDA CORPORATION ACT: MORE WEAPONS FOR CORPORATE TRIAL LAWYERSadmin2020-10-20T13:44:05+00:00

Coronavirus: Part V – The Empire Strikes Back: Insurance Industry Attempts Preemptive Lawsuit Strikes to Obtain Tactical Litigation Advantage

Facing a deluge of claims and lawsuits by business owners devastated by COVID-19 to hold the insurance industry accountable for business interruption insurance coverage, the industry has adopted a preemptive strike lawsuit strategy in hopes of gaining a tactical litigation advantage. The objective appears simple: snuff out claims, intimidate insureds, and break the spirits of any would-be claimants. Classic military strategy endorses this “strike before struck” approach.

Coronavirus: Part V – The Empire Strikes Back: Insurance Industry Attempts Preemptive Lawsuit Strikes to Obtain Tactical Litigation Advantageadmin2020-05-03T15:09:32+00:00

Coronavirus: Part IV – Business Interruption Claims for Faith-Based Organizations: Who Refills the Empty Collection Plates?

While politicians and business pundits debate about ways to salvage the economy with stimulus packages and the phased reopening of society, the pandemic has had a silent but devastating toll on faith-based organizations which have suffered a staggering decline in financial support. Even the most ardent believers, living with the fear of losing their jobs, find it hard to support their favorite faith-based organization to the same degree.

Coronavirus: Part IV – Business Interruption Claims for Faith-Based Organizations: Who Refills the Empty Collection Plates?admin2020-04-20T14:20:46+00:00

Coronavirus: Part II Update – Business Interruption Coverage Shocker: China Takes Lead While US Carriers Retreat

COVID-19 is clearly having, and will continue to have, a lasting impact on the securities industry. The pandemic has now negatively impacted almost all industries, some more than others. Airlines, hospitality, restaurant, oil, and general retail businesses have suffered inordinate losses. But just because the market at large has suffered, does not mean that you should have suffered comparably. In fact, depending upon your age, net worth, and risk tolerance, you may have needlessly suffered altogether.

Coronavirus: Part II Update – Business Interruption Coverage Shocker: China Takes Lead While US Carriers Retreatadmin2020-04-14T13:56:10+00:00

Coronavirus: Part III – Is Your Securities Portfolio Safe from COVID-19?

COVID-19 is clearly having, and will continue to have, a lasting impact on the securities industry. The pandemic has now negatively impacted almost all industries, some more than others. Airlines, hospitality, restaurant, oil, and general retail businesses have suffered inordinate losses. But just because the market at large has suffered, does not mean that you should have suffered comparably. In fact, depending upon your age, net worth, and risk tolerance, you may have needlessly suffered altogether.

Coronavirus: Part III – Is Your Securities Portfolio Safe from COVID-19?admin2020-04-14T12:48:24+00:00

Coronavirus: Part II – Business Interruption Insurance, Am I Covered?

WILL BUSINESS INTERRUPTION INSURANCE COVER MY BUSINESS FOR LOSSES SUSTAINED FROM THE CORONAVIRUS PANDEMIC? This analysis begins, of course, with the assumption that you have an insurance policy which provides some type of “business interruption” coverage, either through the main policy, or an endorsement thereto, for business losses sustained from a covered event. If a policy exists which includes this coverage, interpreting the language in question will be critical. Sometimes the language is clear, sometimes not. Ambiguities in the policy are customarily construed against the insurance company.

Coronavirus: Part II – Business Interruption Insurance, Am I Covered?admin2020-04-14T12:48:50+00:00

Coronavirus: Part I – “Act of God?” or “Oh my God!”

As the world wrestles with the medical and social issues of how to deal with the COVID-19 pandemic, the legal and financial aftermath looms perhaps even larger. Eventually, medicine, governmental intervention, and the public spirit will defeat the disease hopefully within weeks or months, but the effects on our lives, businesses, and investments could last considerably longer. Byrd Campbell—whose motto “Byrd Campbell Means Business” embodies our mission—is a law firm dedicated to serving businesses. Already our clients have raised concerns about the unfolding but unfathomable consequences of how COVID-19 has turned or will turn their business lives upside down. Over the coming days, the firm will publish a series of blog posts addressing those issues looming on the horizon, identifying the points of consideration, and offering possible solutions. The first Byrd Campbell blog installment addresses the question:

Coronavirus: Part I – “Act of God?” or “Oh my God!”admin2020-05-27T16:24:36+00:00

No Cheeseburgers in Paradise: Byrd Campbell Battles with Iconic Margaritaville Resort

There's a legal battle brewing between one of the most recognizable faces behind the new $750 million Margaritaville Resort Orlando and its ownership group. Jim Bagley, the prominent developer of the 320-acre tourist destination in Kissimmee and officer with Ace Hospitality LLC, a vacation ownership management company and furniture provider for Margaritaville's vacation cottages, filed a lawsuit on Oct. 3 via Osceola County's circuit court alleging wrongdoings by several related entities as well as some that appear related to Boca Raton-based Falcone Group, the ownership entity of Margaritaville Resort Orlando.

No Cheeseburgers in Paradise: Byrd Campbell Battles with Iconic Margaritaville Resortadmin2021-01-07T23:26:46+00:00

Byrd Campbell Hunts Malicious Defamers of Prominent Brevard County Leaders

An email with a headline-grabbing subject line – “Media Alert: Health Care Fraud in Brevard County” – began appearing in inboxes from Titusville to Palm Bay on Aug. 27. The email purported to be from Dr. Craig Deligdish, president of OMNI Healthcare, a physician who has a tangled and litigious history with Health First. But the target of this email wasn’t Brevard’s healthcare giant; it was its smaller competitor, Parrish Medical Center, with whom OMNI has a relationship.

Byrd Campbell Hunts Malicious Defamers of Prominent Brevard County Leadersadmin2021-01-07T23:26:25+00:00

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