Recent Blog Posts
Bankruptcy for Your Business May not be the Help That You Think it Is
If you have a business and it’s in debt, you may be considering bankruptcy. After all, people file for bankruptcy all the time, and they generally walk away from the bankruptcy owing little or nothing. Could this be the solution to your business’ debt and financial problems? Chapter 11 Bankruptcy The answer is not… Read More »
Partnerships and Joint Ventures: What’s the Difference?
Partnerships and joint ventures are two business entities that are often used interchangeably, and to the general public, mean one and the same. But they do have different meanings, and do different things. Understanding a Partnership As a general rule, a partnership is intended to last for a long time, and undertake multiple projects… Read More »
Will Investors Sign an NDA When Considering Investing in Your Business?
If you are a startup or fledgling business, and you need cash in the form of investors, you may find yourself in a conundrum: On the one hand, you need investors, and investors want to know what they are investing in—which necessarily entails that you give investors some of the “secret sauce” that makes… Read More »
Forum Selection Clause Upheld in Shareholder Dispute
According to a report from Reuters, a federal judge in Texas has upheld a forum selection clause in a shareholder derivative agreement. In doing so, the court effectively ended a shareholder derivative lawsuit filed against the company SolarWinds. Here, our Miami shareholder rights lawyer discusses the case and highlights the key things to understand… Read More »
Do We Still Need a Partnership Agreement If We are Starting a Family Business?
Are you preparing to enter into business with a family member? A partnership—whether a limited partnership (LP) or limited liability partnership (LLP)—may be the right legal structure for your company. You may be wondering: Is a partnership agreement still necessary for a family business? The short answer is “yes”—there are a number of different… Read More »
I Want Out of My Business Partnership in Florida—What are My Options?
Are you seeking an exit from your business partnership in Florida? The complexities surrounding partnership dissolutions require careful consideration of available options. Here, our West Palm Beach partnership lawyer explores the various avenues available to individuals looking to sever ties with their business partners in Florida. Step #1: Thoroughly Review Your Partnership Agreement Before… Read More »
Disney Prevails in Shareholder Lawsuit Over Ongoing Feud with State of Florida
According to a report from Bloomberg Law, Disney has prevailed in a shareholder lawsuit related to its ongoing feud with the State of Florida and its Governor Ron DeSantis. Within this blog post, our Miami shareholder rights lawyer provides an overview of the dispute and highlights some notable lessons for shareholder litigation more broadly…. Read More »
FTC Takes Enforcement Action Against Amazon Over Prime
On June 21st, 2023, the Federal Trade Commission (FTC) announced proposed enforcement action against Amazon related to alleged deceptive and unfair commercial conduct related to its Prime subscription service. Here, our West Palm Beach FDUTPA lawyers discuss the charges and the proposed FTC enforcement action against Amazon. FTC: Amazon Engaged in Deceptive and Unfair… Read More »
Shareholder Litigation: Ryanair Settles Lawsuit Regarding Unionization Comments
According to a report from Reuters, Ryanair—the Ireland headquartered discount airline—has agreed to settle a shareholder lawsuit over comments a corporate executive made regarding the unionization of the workforce. Within this blog post, our Miami shareholder dispute attorney provides an overview of the Ryanair shareholder settlement. Ryanair Leadership Allegedly Misrepresented Willingness to Accept Worker… Read More »
What is the Florida Business Judgment Rule and How Does it Apply to Shareholder Litigation?
A minority shareholder puts faith in the hands of the officers, directors, and other decision makers of a corporation. When something goes terribly wrong, a shareholder may have a claim against the company. However, corporate officers and corporate directors have wide latitude to make business decisions. Shareholders take on certain inherent risks when investing… Read More »
Can I Make My Business Partner Invest More in the Partnership in Florida?
A successful business partnership will generally require a significant investment of resources—time, money, etc—on the part of the business partners. You may be wondering: What options are available if my partner is not investing enough into our business? In Florida, the answer depends primarily on the terms of your partnership agreement. Here, our Miami… Read More »
Choice of Law and Choice of Venue Clauses: What Are They?
When drafting or negotiating business agreements many businesses overlook what are known as choice of law, or choice of venue provisions. These contractual provisions can make your life easier—or harder if someone else puts them into your contracts without knowing it. Choice of Venue A venue clause says that a case has to be… Read More »
New Law Affects Accommodations for Pregnant Employees
If you have a business with employees, you likely know that you can’t discriminate against pregnant employees. So, refusing to hire, or firing an employee because she is pregnant would lead to a lawsuit. But a new law has been passed that now requires your business to make broader accommodations for pregnant workers. Making… Read More »
A Primer on Collecting Your Debts Safely
When someone owes you debt, collecting on that debt can be the difference between keeping your business’ doors open, or having to close them. But you also know that debt collection can be not just distasteful, but also can lead to legal problems, if it’s not done correctly. How can you stay safe when… Read More »
Do You Have to Provide Employees Intermittent Leave?
If you have an employee with a disability or illness, you may already be aware that you are obligated to provide them some type of leave, or absence, or accommodation (depending on the situation and the applicable law that applies to that situation). And if it is apparent that as part of an accommodation,… Read More »
Shareholders Derivative Lawsuits Hold Company Ownership Accountable
If you have a business with shareholders, your shareholders make money, when your business makes money. But what if it doesn’t? Can your shareholders sue you, as the owner or manager of a company, for your failure to make them a profit off of their investment in their shares? The answer largely depends on… Read More »
The Benefits of Having a Business Buy-Sell Agreement
Business succession planning is not just about the death of a shareholder or owner of a business. There are a lot of scenarios that could lead to all or part of your business ending up in the wrong hands. To plan in advance, and avoid potential problems, you may want to consider a buy-sell… Read More »
Why Arbitration Awards Aren’t Often Vacated
A ruling by the Eleventh Circuit Court of Appeals last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures, reminds the legal world how difficult it is to have the grounds acknowledged that will vacate an arbitration decision. The case involved an international arbitration before the International… Read More »
Key Steps in the Commercial Litigation Process: From Filing to Resolution
Commercial litigation can be a complex and time-consuming process. Resolving legal disputes between businesses or individuals related to business matters through the court system should only be handled by experienced business litigation attorneys, as the litigation process can vary based on jurisdiction and the specifics of the case. However, it is important to understand… Read More »
Problems With Getting Current Employees to Sign Non Compete Agreements
Let’s say you are in a business or industry where noncompete agreements may benefit or protect you. You certainly know that noncompete agreements are legal, and you have a sense that most if not all of your employees would sign them if you asked (or required) them. The problem is that your employees are… Read More »
