• A specific promise made by a seller or producer of a product is not honored
• When a product is defective or in an unsafe condition at the time of the sale, whether or not the defect is apparent
• When a product does not live up to the representations made by the seller or manufacturer

A prime example of a breach of warranty is where a consumer purchases an item that he or she discovers later on to be broken or have missing parts before the item was removed from its packaging. This constitutes a defective product and can be returned to the seller for a full refund or replacement, even if the seller claims to not accept returns. Another example of a breach of warranty is a product such as an automobile part failure requiring recall, and the respective manufacturer refusing to honor its warranty to repair the issue without cost to the consumer.

Regardless of the circumstances, it is important to consult with an attorney who is skilled in defending corporate clients against warranty claims. Specifically, business litigation attorney Peter Mavrick has nearly two decades of experience in the following types of warranty cases:

• Uniform Commercial Code claims
• Breach of implied or express warranties
• Magnuson-Moss Act violations

Given the complex nature of breach of warranty cases, it is imperative to have a seasoned business litigation attorney on your side.

• Decisions made by owners or managers of the company
• The alleged breach of fiduciary duties by corporate officers and owners due to disloyalty, self-dealing, or not acting in the best interests of the company
• The terms of corporate buyout agreements, executive salaries and other forms of compensation
• Financial problems arising from capital or operational needs
• Alleged corporate violations of business agreements
• Unauthorized corporate acts

In general, not every dispute that arises will be addressed in the provisions of a shareholder agreement or other type of business contract. While Florida laws are a good starting point in dealing with shareholder disputes, they don’t always speak directly to the issues. As such, it is crucial to work with an attorney to determine your rights and responsibilities and the scope of your legal options. As experienced business litigation attorneys are aware, sometimes litigation can help a troubled business address defects in its management or business model or issues relating to capital and operational needs. Other times, litigation is not recommended under the circumstances. Notwithstanding, an experienced attorney can help you decide what is best for your company.

Over the past two decades, the number of employment discrimination lawsuits has dramatically risen, making employment litigation one of the most expensive areas of the law for companies in Florida and across the United States. Overall, the increase in the number of employment discrimination cases has generally been caused by amendments that have expanded the rights and categories of protected individuals under the various anti-discrimination laws. For example, the types of discrimination now prohibited under state and federal employment laws include not only race, but also:

• Gender
• Sexual orientation
• Age
• Disability
• Pregnancy
• Ethnicity
• Religion
• Nationality
• HIV or AIDS status
• Sexual orientation

The key to most discrimination cases is whether the employee can sufficiently establish that they were intentionally discriminated against in the terms and conditions of employment based upon one or more of the above protected categories. In the overwhelming majority of cases, the only way that an employee can prove that they were intentionally discriminated against is by providing evidence that another, similarly situated employee outside of his or her protected category was treated more favorably under similar circumstances. However, an employer can respond to said lawsuit by raising various defenses and counterarguments, such as:

• The employer has never treated any other employee differently under any circumstances.
• The employer has a diverse workforce representing people in all protected categories.
• The employer has a demonstrated record of treating all employees equally.
• The employer can demonstrate with documented employee records that poor work performance or misconduct – not race, religion or other protected status – lead to the disciplining or termination of the employee.
• The employer has documented procedures in place for disciplining and terminating employees and does so without regard to race, gender or any other illegal consideration.

Discrimination claims in the workplace continues to be a significant challenge for corporations. The best way to avoid these issues – and to ensure compliance with all applicable laws – is to work with an experienced Florida business employment attorney.