Category Archives: Business Law
Loans, Interest and Usury: It’s Not as Easy as You Think
If you are in the business of loaning money to other people, and you charge interest, you hopefully know about the maximum legal interest rate that you can charge. Go above that rate, and you’re not only breaking the law, but you could end up losing all the money that you borrowed—in addition to… Read More »
Temporary Injunctions: Pros and Cons
When people or businesses sue, they usually sue for money damages. But often, they will also ask for an injunction. An injunction is a court order that stops someone from doing something or from engaging in a specific behavior. When are Temporary Injunctions Needed? Injunctions are common for things like intellectual property infringement, where… Read More »
You Received an OSHA Complaint: Now What Do You Do?
You run a safe operation. You value the safety of your company, your property, and your workers. And then one day it happens: There is an accident at work, and the government, through the Occupational Safety Hazard Administration (OSHA) comes knocking at your door. You have an OSHA complaint. What do you do? The… Read More »
Can You Prevent Someone From Declaring for Bankruptcy?
If you enter into a business contract, you may have some concern about how to ensure that the other side complies with its end of the bargain. And while your contract can contain stiff financial penalties, you know that companies can and do, go out of business. You’re concerned, so you include a provision… Read More »
What is a Material Breach of a Contract?
You have a business contract, and that contract has terms and conditions. And if someone breaches any of those conditions, it is a breach of contract, and you can not only sue, but you may also be excused from performing under your end of the contract. Except not so fast. Not every breach of… Read More »
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 »
Safeguarding Your Competitive Edge: Trade Secrets, Confidentiality, and Business Protection
In today’s competitive business landscape, maintaining a unique edge is paramount to success. One crucial element in preserving your competitive advantage is to safeguard your trade secrets and confidential information. So, what are trade secrets and confidentiality and why is it so imperative that you protect yours? Let’s discuss. Understanding Trade Secrets and Confidentiality… Read More »
Business Fraud: Publishers Clearing House Required to Pay $18.5m to Consumers
Most generations above millennials are probably familiar with Publishers Clearing House (PCH). Famous for mailers with a message that “You May Have Already Won” millions of dollars presented in a way that looks like you actually won millions of dollars, PCH is not new to the deception game. However, this time, it will cost… Read More »
What are Consequential Damages in a Breach of Contract Case?
When there is breach of contract, you would normally read the contract, and sue, expecting to receive whatever you would have received, had the contract been perfumed by the other side the way it should have been. This is generally the way damages are measured in a breach of contract case—we want the non… Read More »
Court Rules an Emoji Can Bind You to a Contract
More and more of us are becoming aware that the things we text have actually legal impact and meaning. Just like any kind of writing, our texts can bind us, and be used as evidence in all kinds of legal proceedings. But as one farmer has now learned, not only can the words you… Read More »
Can You Enforce English Only Policies at Work?
Most employers know that discriminating on the basis of national origin is illegal, and would never do such a thing. But many employers also will very willingly impose “English only” policies in the workplace. What they may not know is that by doing so, they may be unknowingly discriminating on the basis of national… Read More »
Would You Recognize Sexual Harassment in Your Office?
You run a tight ship, and a business that respects employees. You would never knowingly allow sexual harassment to happen in your business. But most companies that get into legal trouble for sexual harassment, get into that trouble, because they don’t recognize some forms of sexual harassment, when it happens. Not all sexual harassment… Read More »
Photo Releases: When Do You Need Them?
In the process of documenting what happens in your business, or at your business functions, you may understandably want to take pictures. And when you do, you may want to use those pictures for any number of reasons, on any number of different kinds of platforms. But those pictures have people in them—people who… Read More »
The Fight Over Who Owns “Taco Tuesday” is Over
Good news, taco lovers: You are now free to use the term “Taco Tuesday,” as much as you like, and generally, wherever you like. This was the result of a recent lawsuit between two rival Mexican fast food chains, involving the use of the term—but it’s also an interesting lesson in how trademark rights… Read More »
How to Keep Your Business Legally Compliant
When running a business, it is imperative that you keep your business compliant with state and federal business laws. Your legal responsibilities will depend on your business and location, according to the U.S. Small Business Administration (SBA). To stay legally compliant, you’ll need to meet external and internal business compliance requirements. Most external requirements… Read More »
How to Choose the Right Commercial Litigation Attorney for Your Business
Choosing the right commercial litigation attorney for your business is crucial to ensure effective representation to protect your interests in legal disputes. When considering which commercial litigation attorney you should choose, keep the following tips in mind: Experience and Expertise: Look for an attorney with significant experience and expertise in commercial litigation. They should… Read More »
Mitigating Risk in Commercial Contracts
When drafting commercial contract clauses, it’s important to be aware of common mistakes that can undermine the effectiveness or enforceability of the contract. Therefore, mitigating risk in commercial contracts is essential for protecting the interests of all parties involved. Here are some key factors to keep in mind when drafting and negotiating commercial contracts:… Read More »
Florida Rated No.2 Best State for Business by 2023 Chief Executive Best and Worst States for Business Report
Florida was rated the second-best state for business (behind Texas, again), according to a 2023 Chief Executive Best and Worst States for Business report. The magazine surveys top U.S. CEOs and Florida ranked second for the second year in a row for its “low taxes and strong stance against pandemic-motivated business shutdowns,” the report… Read More »
