Recent Blog Posts
What Are Common Causes Of Partnership Disputes?
So you want to enter into a partnership with someone else, and start your business idea. This could be a good idea—however, unfortunately, many partnerships end up in partnership disputes. What are the most common causes of disputes when people decide to form a partnership? Not Having a Partnership Agreement – Partnership agreements set… Read More »
HIV Discrimination In The Workplace
With the advent of new medicines and treatments, thankfully, HIV and AIDS is now treatable, allowing patients to live long, complete lives. However, that should not take away from the fact that HIV is still a recognized legal disability, and as such, employers need to be careful not to discriminate in the workplace against… Read More »
Civil RICO: What Is A Predicate Act?
The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is most well known as the law that helped to take down the mafia and other criminal enterprises. Federal and state RICO laws also have a civil portion. A private party plaintiff can file a civil RICO lawsuit to hold a defendant financially responsible for… Read More »
DOJ Obtains Restraining Order In Florida Fraud Scheme Targeted At Senior Citizens
On April 6th, 2022, the Department of Justice (DOJ) announced that the United States for the Southern District of Florida obtained a restraining order against Windows Service Center LLC and its owner Erica Herson. Winder Service Center LLC is a tech support company with main headquarters in Miami, Florida. The DOJ contends that this… Read More »
Four Things To Do Before Business Partnership Mediation
Partnership disputes are often well-suited for business mediation. Under Florida Statutes § 44.1011, mediation is defined broadly as a “process whereby a neutral third person” works with the parties in order to “encourage and facilitate the resolution of a dispute.” When successful, mediation can save time, money, and help to maintain working relationships. If… Read More »
FAQs About Your Business And Social Media
Today, it is likely that your business has a social media presence, or that you, personally, have a social media site or page. Many people post on social media to promote their business, which is a good idea. However, many people are also unaware of the social media ramifications of some of the things… Read More »
Don’t Say Free Unless It’s Actually Free
Everybody loves to get something for free. So in your marketing, why not give something away for free, and market it? That’s not a bad idea—so long as you are actually giving something away for free. Otherwise, as software tax provider Intuit (TurboTax) is now learning, the government could start to come after you…. Read More »
Legal Issues In Equipment Leasing
A lot of small businesses have expensive needs when it comes to equipment. Your business may not be able to immediately afford the equipment that you need. When that happens, equipment leasing may be the answer. Leasing can be a great option so long as you understand the legal issues that surround the lease…. Read More »
Four Key Elements Of A Shareholder Lawsuit In Florida
A minority shareholder is a somewhat vulnerable position. By definition, they have limited ability to exercise control over the company—which means they must rely on corporate officers and corporate directors to protect the value of their investment. Under Florida law, shareholders have rights. They may even be able to file a claim against a… Read More »
Four Reasons To Hire A Lawyer To Help With A Partnership Dispute In Florida
Partnership disputes are among the most challenging types of business conflicts to navigate. Not only do these disputes have the potential to cause harm to the business, it can be hard on a personal level to prepare for a legal battle with a long-term business partner. Professional legal counsel can make a big difference…. Read More »
Fraud Warning: Floridians Are Being Targeted By “Wrong Number” Text Scam
On March 28th, 2022, the Florida Office of the Attorney General published an official press release warning state residents to beware of so-called “wrong number” text scams. State regulators recently received evidence suggesting that scammers are actively targeting Floridians. In this blog post, our Miami deceptive and unfair trade practices lawyers discuss the warning… Read More »
Google Accused Of Taking Advantage Of Attorney Client Privilege
Most business owners know about attorney client privilege, and about how communications to your business or other type of attorney can never be revealed. But some businesses don’t understand the limitation of the privilege, and Google is now in trouble for allegedly trying to take advantage of it. Limitations to the Privilege Communication between… Read More »
Court Says Restaurant Doesn’t Have To pay Mandatory “Service Fees” To Workers
If you own a business, and your employees are paid with tips, it’s important to know what is and what is not a tip. Under the Fair Labor Standards Act (FLSA) the distinction can be the difference between paying your employees correctly, or owing money to your employees for unpaid wages. Restaurant Says Service… Read More »
What Is The Right Of Publicity In Your Likeness?
You may not know it, but you have a right to your own image, likeness, and name. That may not mean much to you, if you’re not famous—after all, who would pretend to be you, or use your image without your permission? But this right to publicity actually is important for business owners and… Read More »
Defining An “Enterprise” Under Florida’s Civil RICO Statute
Under Florida’s state civil RICO statute, a plaintiff can hold a defendant legally liable for damages caused by racketeering activity. RICO lawsuits are among the most complex types of civil legal claims. There are a number or specific elements that must be satisfied in order to establish civil RICO liability. Among other things, a… Read More »
Shareholder Rights In Florida: What Is A Voting Agreement?
A shareholder agreement controls a relationship between a corporation and its shareholders. It outlines the rights and responsibilities of shareholders. There are actually two different types of shareholder agreements in Florida: Standard Shareholder Agreement, which deals with operations; and Voting Agreement, which deals with control of the company. If you are a shareholder who… Read More »
How To Resolve A Dispute Over Partnership Dissolution In Florida
Under Florida’s partnership laws, there are specific rules and procedures that must be followed when ending a business, including a general partnership (GP), limited partnership (LP), and limited liability partnership (LLP). Partnership dissolution can be a complicated process. It is actually one of the highest-risk times for a dispute. In this article, you will… Read More »
Pass Through Business Taxation: What Is It And Why Should You Care?
Pass through taxation is a word that is referenced often when people are deciding what kind of business entity they should form. Although taxation is a big issue in business formation that can affect you and your bottom line for many years, many people give little or no thought to this term. What is… Read More »
What Is The “Family Member” Evidentiary Presumption?
Nobody relishes the idea of suing family members. But families aren’t perfect, and they often are involved in business transitions or contracts with each other, and sometimes, family relations get hostile. If you are in the unfortunate situation of having to sue a family member, or you are being sued by a family member,… Read More »
Tips For A Safe Spring Break In South Florida
Spring Break season is in its peak and there’s no question that South Florida remains one of the top destinations for celebrating time off school by partying on the beach. After a two-year hiatus, Spring Break 2022 is even bigger than before, with the pent-up need to party bringing crowds not seen since the… Read More »
