Recent Blog Posts
Things You Didn’t Know About Corporate Bylaws
If you start a business, you’re probably doing it because that’s the business you want to get into, and so that you can use your business skills for a profit. You didn’t go into business to draft paperwork, including bylaws. You’ve heard of bylaws, and people have said you need them, but there are… Read More »
Your Business Can be Hit With Serious Damages in Employment Discrimination Cases
As a business owner, you hopefully are aware of the many laws that protect workers, and which tell you, as an employer, what you can and cannot do when it comes to your employees. Whether discrimination or retaliation or lawsuits involving improper pay or salaries, one thing is certain: violating state and federal employee… Read More »
CFPB Unveils New Regulations Coming as FDIC Announces Proposed Rule Related False Advertising
On December 20th, 2023, the Consumer Financial Protection Bureau (CFPB) announced a significant crackdown on FDIC-related false advertising. Federal regulators emphasize that many non-traditional financial institutions are making material misrepresentations to consumers—misleading them into believing that their account is FDIC insured when that is not the case. Within this blog post, our Miami deceptive… Read More »
Supreme Court Considering Hearing Business Partnership Tax Dispute
On December 18th, 2023, Bloomberg Tax reported that the Supreme Court of the United States is considering taking up a business partnership tax dispute. It could have significant implications for the future of the taxation of business partnerships at the federal and state level. Within this blog post, our West Palm Beach partnership dispute… Read More »
Partnership Gone Wrong? Florida State Board Approves Lawsuit Against ACC
Florida State University (FSU) has had a tumultuous year on the football field. The team went undefeated. Yet, after an injury to their star Quarterback Jordan Travis, they were left out of the four-team college football playoff. Now, FSU finds itself in a major dispute with its conference. On December 22nd, 2023, the Tallahassee… Read More »
THC Products and Intellectual Property
THC is part of the chemical compound in cannabis—you may have seen it on all different kinds of products, including even dog treats. But you may have also heard of THC-laced gummies and other popular candies. And that’s where a lot of manufacturers are starting to get concerned, as THC makers are starting to… Read More »
Accepting Partial Payments Can Land You in Trouble
Let’s say that someone owes you money that they have not paid. Suddenly and out of the blue, a payment comes—but not a full payment. Just a payment for a part of the total that is owned. You know that staying out of court is always a good idea, and that some money is… Read More »
Getting Attorneys Fees: When Are You the “Prevailing Party?”
When you have a business dispute, or a potential one, one prevailing question is whether it’s worth it financially to go to court. After all, you’ll have to pay an attorney, and depending on the complexity of the case, paying an attorney can eat into the amount that you would win in court, even… Read More »
A Supplier Delivered Subpar Products—Is that a Breach of Contract?
Imagine that you enter into a contract with a supplier. The products arrive on-time and in the correct number as stipulated by the contact. However, upon inspection, you determine that the products are of unreasonably inferior quality. Can a supplier be held liable for breach of contract because of inferior products? The short answer… Read More »
Partnership Disputes in Florida: Can You Get Out of a Mandatory Arbitration Clause?
Arbitration is a private process that is an alternative to litigation. It is governed by the Florida Arbitration Code. A contract—including a partnership agreement—may call for the mandatory arbitration (forced arbitration) of a dispute. A mandatory arbitration clause in a partnership agreement is generally enforceable, but there are some exceptions. Within this article, our… Read More »
Preserving the Classics: Collector Car Insurance Policies and Legal Protections
The global Classic cars industry was estimated to be worth over $30 billion in 2021 and is expected to be worth over $50 billion by 2028, according to a report by Credence Research*. The value of these Classic cars requires a certain level of protection, therefore we turn to insurance coverage. When insuring such… Read More »
Meta Seeking Dismissal of Shareholder Lawsuit Against Corporate Directors
On December 20th, 2023, ABC News reported that Meta—the Silicon Valley-based social media giant—is seeking the dismissal of a shareholder lawsuit that was filed against several of its corporate directors. The lawsuit makes the relatively novel argument that officers at the Fortune 500 company owe duties not just to the corporation itself, but also… Read More »
New “Stop Woke” Act is on Hold for Now-But it Could Affect Your Business
In 2022, the State of Florida passed the “Stop Woke Act,” a law that is controversial, political, and which currently is making its way through the court system because of numerous challenges to its content. But regardless of what you think about it politically, if you’re a business owner, it is important to know… Read More »
Understanding the Parol Evidence Rule
Let’s say that you are in the process of negotiating a contract. You discuss it, get the contract, sign it, and you’re done. Except then there’s a problem: Something important that you discussed and agreed to, and which was supposed to be in the contract somehow didn’t make it into the agreement. But you… Read More »
Protecting Your Company’s Information When Employees Leave
In the course of an employee or contractor’s employment with you, that person will likely have access to many of your business’ most valuable assets. Everything from your processes and procedures, to your customer lists, to your software, to anything else that you may consider your “secret sauce.” One day, that employee’s employment with… Read More »
Summary Judgment: You May Not Get Your Day in Court
If you have a business law case in court, you probably anticipate that if you want to, and if you don’t want to settle or drop the case beforehand, that you will have your case heard by a jury or at least a judge. After all, the legal system is designed so that all… Read More »
How to Make Your NDA Enforceable
Drafting a rock solid nondisclosure agreement can be vital to your business. It can be the difference between doing business safely, or having your important trade and business secrets, out in the open, for the public-and for competitors—to see and use. And with so many eyes (employees and contractors) on such sensitive information, an… Read More »
What is a Non Circumvention Agreement?
If you go into business with other people, whether in a partnership or some other business entity, the hope and assumption is that you are going into business with people you trust. That is, of course, not something to rely on—business agreements, contracts, bylaws, or management agreements are always vital in any business venture… Read More »
Breach of Contract Claims in Florida: How Do You Raise an Affirmative Defense?
Is your company being sued for a breach of contract? You may have a valid affirmative defense against the breach. The Legal Information Institute explains that an affirmative defense involves the raising of evidence that “if found to be credible, will negate criminal liability or civil liability, even if it is proven that the… Read More »
Can a Shareholder Hold a Corporate Liable for Excessive Executive Compensation?
How much should a corporation pay its executives? The answer is “it depends.” What constitutes appropriate compensation is highly case-specific. That being said, there are certainly some circumstances in which a corporation may pay its executives so much that it constitutes unreasonable excessive compensation. It could give rise to a claim by shareholders. Here,… Read More »
