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Carlos represents business clients in partner/shareholder disputes, fraud and intentional interference claims, and various contract-based claims. He also represents clients in eminent domain, inverse condemnation, Bert J. Harris, Jr., Private Property Rights Protection Act claims, purchase and sale disputes, real estate broker/agent defense, and commercial landlord/tenant claims.

Carlos received his undergraduate degree from Florida State University, magna cum laude, and his J.D. from Emory University. He may be reached at carlos.kelly@henlaw.com.

You’re a business manager, or maybe even a business owner. You work hard: your work day rarely runs from only 9 to 5; your work week usually runs longer than Monday through Friday. The last thing you need is a subpoena: who wants to get dragged into court for someone else’s dispute?

But the business gods have different plans . . . .

Your office manager calls you to say a sheriff’s deputy just served your company with a subpoena and wants to do what needs to be done. As a savvy business manager or owner, you already know that a subpoena is a court paper requiring the recipient to appear or produce information, or both, so you’re already in a position to effectively address this situation.

First Things First

First, you thank your office manager for notifying you immediately (and congratulate yourself for hiring a stellar professional and providing good training). Second, you refer to your Subpoena Policy, which is your written game plan for this situation.Continue Reading Our Office Manager Received A Subpoena—What Should My Company Do Now?

Yesterday, Governor Ron DeSantis issued Executive Order No. 20-91 (which the Governor amended later the same day for clarification). Section 1.B of Executive Order 20-91 provides “all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.”

What are essential services?

Unfortunately, it’s not easy to describe in general terms what an “essential service” is. Of course, if you own a business, you consider your business’s service or product essential, otherwise you wouldn’t be in business to begin with! Personal feelings aside, however, it’s important to understand how the State of Florida defines “essential services.”Continue Reading COVID-19: What are Essential Services?

CAK big wheelYeah, that’s me on a Big Wheel at age 6 or 7. Check out that air! Good thing there was grass for soft landing….

Recently, my law partner and I tried a temporary injunction in a complicated business dispute. When I cross-examined the opposing expert, he answered “Yes” to most of my leading questions, as

Have you ever received a letter from a shareholder in your business demanding an inspection of the books and records of the company? If you never have, count yourself lucky.

Florida Law

That’s because Florida law provides a right for any shareholder to inspect the books and records of a company. Florida Statutes section 607.1602 gives a shareholder the right to inspect various categories of company books and records. The key to evaluating a request is to determine what is being requested. Florida law defines corporate records; not everything for which a shareholder demands an inspection must be provided.Continue Reading “I demand an inspection of the books and records of the company!”