Recent Blog Posts
Using a Temporary Director on Your Board of Directors
You likely know that your Board of Directors will have to vote on matters concerning the company. What matters they will vote on and when, depend on your corporate documents, such as your bylaws. But when it comes time to vote, they will have to make the decision. How Many Directors? If you have… Read More »
The Board of Directors’ Role in a Non-Profit Organization
In a traditional for-profit company, a Board of Directors is there for one primary reason: to safeguard the interests of the shareholders. Of course, the shareholders’ interest is in maximizing the value of their shares, and thus, in ensuring that the company operates as profitably as possible. But while the motivation to maximize profit… Read More »
Was Your Company the Victim of a Breach of Contract? Five Things to Do Before Filing a Lawsuit?
Did your company suffer losses as a consequence of a breach of contract? If so, you may be considering filing a lawsuit against the breaching party. While litigation is necessary in some cases, it is important to emphasize that it is not always the best approach. There are some steps to take before heading… Read More »
Consumer Fraud Watch: Miami Metro Area Leader in Identity Fraud
Recently, Consumer Affairs released a comprehensive report on identity theft. Alarmingly, the organization found that identity theft is up nearly 400 percent over the last two decades. The Miami metropolitan area has the dubious distinction of being the leader in identity theft nationwide. Within this article, our Miami FDUTPA lawyer discusses the report and… Read More »
Shareholder Lawsuit Allegations: Hedge Fund Improperly Benefited from Buybacks
As reported by Bloomberg Law News, a large hedge fund that benefited from an Avis stock buyback is being accused of obtaining improper advantages at the expense of other shareholders. The company is now facing shareholder litigation. Specifically, the plaintiffs contend that the hedge fund constructed a buyback scheme to get a controlling share… Read More »
Were You the Victim of a Bait-and-Switch in Florida? Know Your Rights
For consumers, there are few things more frustrating than discovering that the business that you are working with cannot be trusted to treat you fairly. A bait-and-switch is an all-too-common example of an unscrupulous business practice. If you were the victim of a bait-and-switch, you may have a claim for compensation through the Florida… Read More »
Should I Form a Partnership or a Multi-Member LLC?
To reach its full potential, a business needs to be set up properly. Among other things, it means selecting the right entity for your company. You may be wondering: Should I operate my new business as a partnership or a multi-member LLC? The answer depends on some case specific factors, including the type of… Read More »
Can I Rescind a Business Contract?
Did your business recently enter a contract? Are you having second thoughts about the terms of the agreement? You may be wondering: Can I rescind a business contract? The answer is “it depends.” While Florida law provides a limited short-term rescission right for certain types of agreements, the contract itself will largely determine if… Read More »
How Much Do Tipped Employees Need to be Paid?
If you have a business where many of your employees are paid by tipping, you need to understand how federal law, specifically the Fair Labor Standards Act (FLSA), treats tipped employees. There are some detailed rules about what employers can and cannot do, and even if you generally understand how the FLSA works with… Read More »
Price Fixing, Collusion and the Realtor’s Settlement: There’s a Lesson to be Learned
You may not give much thought to collusion, the act of working with your competitors to fix or agree on prices. But collusion is illegal, and can get you sued, whether by consumer or by the government, as the recent lawsuit related to realtors’ commissions demonstrates. Realtor’s Settlement As you may know from buying… Read More »
IP Licensing Agreements: The Basics
Could your business make money by using licensed characters or intellectual property (IP)? Imagine sports teams, sci-fi and movie characters, or TV characters, adorning your product or your website or on the items you sell. Instant recognition and popularity can translate into sales. The problem of course is that you don’t own any of… Read More »
Can You Sue a Car Dealership for Misrepresenting a State of a Used Vehicle?
Purchasing a used car can be stressful. While most consumer advocates agree that a good used car offers a better value than a brand new car, there is also a significantly higher risk of something going wrong. This raises an important question: Can you sue a used car dealership for making material misrepresentations about… Read More »
Disney Locked in Contract Dispute With Former General Contractor
According to a report from Florida Politics, the state’s largest and most prominent corporation—Disney—is locked in a contract dispute with the former general contractor for its massive Walt Disney World hotel renovation project. The protracted contract dispute over the problematic construction project is currently set for trial starting on April 22nd, 2024 in a… Read More »
Tesla Seeks to Revive Compensation Package for Elon Musk (Previously Blocked By Judge)
On April 18th, 2024, the New York Times reported that Tesla is seeking to revive the approximately $56 billion compensation package for Chief Executive Officer (CEO) Elon Musk. The package was voided earlier this year by a Delaware Chancery Court after a shareholder dispute was filed. Here, our West Palm Beach shareholder dispute attorney… Read More »
Could Non Compete Agreements be Going the Way of the Dinosaur?
With some exceptions and with a good number of restrictions and limitations, Florida allows employers to require employees and others, such as contractors or vendors, to sign non compete agreements. But many states do not—and the current trend is that the United States government may, one day, make these kinds of agreements completely illegal…. Read More »
The Government Can Come After You Even if Consumers Don’t
You may already be aware of the penalties that can come if you mislead or lie to consumers. But you figure, nobody is complaining, or threatening to sue, so you must be OK. Except you may have forgotten one thing: what about the government? When Things are Silent In many cases, even when no… Read More »
Creating Enforceable and Useful Security Agreements
If someone owes you money or you are thinking of loaning them money, one big concern may be how you will be paid back. Benefits of a Security Agreement Many people want to do what big banks do, when they give large loans out, like real estate loans that come with mortgages: secure property,… Read More »
How Differentiated Case Management Has Affected Litigation
During the COVID-19 shutdown, courts shut down for all but the most necessary cases and functions. The result when the world went back to normal was a backlog of cases; way more than the system had ever been designed to handle, putting cases on a waiting list for trials that was often years long…. Read More »
Your Business Should Have a Way for Employees to Report Harassment
There are a lot of defenses that your company can use when it is accused of harassing an employee at work. But there’s one defense that a lot of businesses don’t think of: Did the aggrieved employee report the abuse and if so did he or she report it through the correct channels? Why… Read More »
What Will Happen to Your Business if You Get Divorced?
Among all the property and assets that businesspeople fear that they will lose the most in a divorce, it is their business. And while division of business often falls more under the category of family law, as opposed to business law, any businessperson who faces divorce likely will want to know what will happen… Read More »
