Category Archives: Business Litigation
Do You Report Consumer Credit? Don’t Get Into Trouble Doing It
If you are a business and you are making loans to others, or you are relying on payment from clients or customers, you may rely on the power of credit reporting to compel others to pay what they owe you. The ability to report a negative mark to someone’s credit report is a powerful… Read More »
Avoiding Ambiguity In Your Contracts And Agreements
If there is one mortal enemy to enforceable contracts, it’s ambiguity, or vague terms. The first thing that someone will try to do when they are sued for breaching a contract is to try to argue that a term or condition of the contract is unenforceable because it is vague. There are ways that… Read More »
Do You Need A Time Is Of The Essence Clause In Your Business Contracts?
You hear it all the time in contracts: Time is of the Essence. But what does that actually mean, and is it really necessary to include in your business contracts? Why Are They Necessary? In many kinds of contracts, parties must perform their contractual obligations within a reasonable period of time if there are… Read More »
Avoiding Deceptive Trade Practices Lawsuits
Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful tool for consumers to protect themselves from unscrupulous business practices. But from a business standpoint, the law can seem overbroad, all-encompassing, and impossible to avoid running afoul of. If you are a business, how do you protect yourself from being sued under the… Read More »
Should You Use Or Sign A Non-Disparagement Clause?
When you settle a case, it’s expected that you will sign a settlement agreement. That settlement agreement will likely contain a confidentiality clause. What you may not expect to be in that agreement, but what may be there, is a non-disparagement clause. What is a Non-Disparagement Clause? A non-disparagement clause is a clause that… 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 »
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 »
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 »
Don’t Forget These Policies And Procedures
We have often written in the past about the kinds of corporate documents, and specifically policies and procedures that you need for your business. But a comprehensive list of every kind of policy and procedure that your business should have would be impossible to put together. Firstly, much depends on your specific business and… Read More »
Florida Leads The Nation In New Business Formation
Are you thinking of starting a business? If so, you’re not alone. In fact, you have so much company that you are part of a group of business owners that have made Florida the number one state in the nation for the creation of new businesses. Florida is Number One In February of 2021,… Read More »
Annual Reports Are More Important Than You May Think
Even if all your state paperwork is in and filed, the state is never truly done with you. That’s because every year, you will have to file annual reports. Yes, these can be more of a nuisance than anything else, and rarely is there a devastating error that can be made on an annual… Read More »
What Is Injunctive Relief And How Could It Help You?
When a business agreement is violated, we often think about what we are owed—that is, how much money we’ve lost, or how much money the breach has cost you. But businesses often fail to consider another element of damages—getting the offending behavior to stop—immediately. A Classic Example Let’s say that you have a list… Read More »
Drafting An Enforceable Arbitration Agreement
Whether it is a good idea or not to include an arbitration clause in your business contracts is an individual decision. You, along with your business law attorney, should consider your business, and weigh it against the pros and cons of arbitration, before making that decision. But once you’ve made the decision to require… Read More »
Protecting Your Business From COVID Related Lawsuits
COVID, and the current state of the pandemic, can be confusing. One day everything seems to be getting better, with restrictions being lifted, and the next day, there’s a new strain or variant, with new restrictions. Some of those restrictions may be suggestions by the CDC, and others may be laws that are put… Read More »
Crowdfunding And Venture Capital Basics
Not every company has the ability to immediately go public and raise capital through an initial public offering. For those who don’t, one viable option may be venture capital. What is Venture Capital? You may have heard of venture capital and private equity being spoken of together. While they are similar, there are technical… Read More »
If You’re Buying A Business, Don’t Forget About The Liabilities
When you buy a business, or are looking to buy a business, you probably give a lot of thought to the assets you are buying. Valuing the inventory, machinery, or accounts receivable of the purchased business are all common considerations. But what about liabilities? Many people buy businesses and give little thought about whether… Read More »
It Just Got Easier To Have A Home Based Business
It used to be that if you wanted to run a business from your home, you had to worry about a number of laws, from permitting laws to zoning regulations, all which would have made your home based business illegal. But a new law in Florida is now going to make opening and operating… Read More »
The Differences Between A Loan And An Investment
You have a business project that will need funding. You go to a friend or a business associate, and they agree to help you with the project. Fast forward a few years later—the project was not as successful as planned. Your friend wants their money back, but you didn’t recall them ever loaning you… Read More »
Considerations To Include In Your Corporate Documents
Your corporate bylaws, operating agreements, or partnership agreements are the backbone of your business. They will tell you how various disputes will be handled. But often, people don’t look ahead to address things that could come up in the future. Of course, nobody has a crystal ball, and it’s impossible to account for every… Read More »
