Author Archives: Jay Butchko
Does a Force Majeure Provision Excuse Performance of a Contract Due to COVID-19?
This blog is a follow-up to our previous blog: Is Covid-19 an “Act of God” Excusing Performance of a Contract? Many contracts contain an obscure provision that allows for non-performance of the contract due to circumstances beyond the parties’ control. These provisions are typically called “force majeure” provisions, and they are often overlooked or… Read More »
Is Covid-19 an “Act of God” Excusing Performance of a Contract?
Florida courts have long recognized that “acts of God” may provide a legal justification for nonperformance of a contract. What constitutes an “act of God,” however, evades precise definition. The Florida Supreme Court has described an “act of God” for purposes of a contract as follows: An act of God, such as will excuse… Read More »
Has the Coronavirus Pandemic Led to Substantial Losses in Your Investment Accounts? What You Need to Know to Protect Yourself Against Further Losses
The coronavirus pandemic has jeopardized the health and lives of millions of people across the world and it is difficult to predict when we will resume our traditional way of life. The pandemic also likely has affected the bottom line in your investment and retirement accounts — and not for the better. What many… Read More »
CARES Act Fraud – the Paycheck Protection Program
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act of 2020, also known as the CARES Act. In total, the CARES Act will provide approximately $2 trillion in economic aid in the wake of the Coronavirus (COVID19). This is the largest economic aid package in the history of the… Read More »
What is a Qui Tam Seal?
Cases filed under the False Claims Act, also known as qui tam cases, are filed under seal. When a case is filed under seal, this means the Court enters an order that requires the Clerk of Court to keep the case secret. Unlike most court records, which are open to the public, a sealed… Read More »
Do I Have a Qui Tam Case?
Our firm gets many calls every week from people claiming that they have a qui tam (or whistleblower) claim against a certain company or individual for committing fraud against the government. While many of the situations are legitimately concerning, not all of them rise to the level of a qui tam claim under the… Read More »
Before You Invest
You’ve worked hard for your savings. Before you entrust it to someone to invest, take the time to do your homework. Even if you have been investing for many years, every investment deserves scrutiny. Check out the players Just because a broker or investment adviser is charming and friendly doesn’t mean he or she… Read More »
What is a Shareholder’s Agreement and Do I Need One?
We’ve previously written about the value of having an operating agreement governing the operations and management of LLCs. For instance, an operating agreement setting forth the role of each LLC member and creating dispute resolution mechanisms can often help to resolve future disputes. Not every business is an LLC, however. Under Florida’s Business Corporations… Read More »
Can a Qui Tam Whistleblower Remain Anonymous?
Whistleblowers often risk losing their jobs, getting demoted, or damaging their professional reputations when reporting that a company or person has committed fraud against the government. In some situations, whistleblowers may even risk their safety. As a result of these risks, many potential whistleblowers want to know whether their identities will remain anonymous after… Read More »
Improvements to the IRS Whistleblower Program Signed Into Law
On July 1, 2019, President Trump signed into law the Taxpayer First Act, which was an effort by Congress to “redesign” the Internal Revenue Service. According to the IRS, the law aims to “strengthen taxpayer rights” and requires the agency to “develop a comprehensive customer service strategy.” Among other changes, the Taxpayer First Act… Read More »