Category Archives: Business Litigation
When Does Your Business Have to Preserve Electronic Evidence?
You may know that it is your duty to preserve electronically stored information (ESI), such as videos, emails, or other electronic information, when it is reasonable to believe that the information will be or could be relevant to a lawsuit. That requirement applies whether you anticipate being a party to the lawsuit, or whether… Read More »
Are Hold Harmless Agreements Between Employees and Employers Enforceable?
We’ve probably all seen exculpatory clauses—those provisions in contracts or agreements that require that parties hold harmless other party from liability. These agreements are commonly used in business contracts, and in connection with various high risk activities. But they’re also sometimes used in the context of employment. Is a hold harmless contract between an… Read More »
Considerations for a Business Succession Plan
No matter how good of a business person you are, one thing is for certain: Time will catch up to everyone. But the good news is that your business can outlast all of us—that is, assuming you have a good business succession plan. How Businesses are Lost Certainly, businesses can be lost in any… Read More »
The Benefits of Forming an LLC
Business, companies, LLCs…to many people these are all the same. And while they do have some similarities, there are some advantages of incorporating as, or transferring to, an LLC as opposed to a traditional C-corp. Tax Benefits One huge advantage of incorporating as an LLC is for tax reasons. Florida LLCs allow for what… Read More »
Does the Head of Household Exemption Apply to Independent Contractors?
Florida has a generous exemption from collections for the garnishment of wages. But this exemption may be limited for independent contractors. It’s something you should be aware of, whether you are someone who may need to collect a judgment from a debtor, or whether you could be a debtor yourself, owing a creditor money…. Read More »
Sales are Great-In Moderation
One way to drive customers to your business or website, is to have a sale. When you walk in a mall, or past retail stores, it seems all you see are big “Sale!” signs, and your mailbox is probably full of flyers that are advertising sales for various retailers. So why doesn’t your business… Read More »
Impossibility of Performance as a Defense to Breach of Contract
If you are sued under a contract that you couldn’t perform because it was impossible to do so, you may have a valid defense. But courts are wary of this defense, and it is important to know when it is truly impossible to comply with the terms of an agreement What is Impossibility? Impossibility… Read More »
Oral Contracts are Enforceable…Sometimes….
If you want an agreement to be enforceable, put it in writing. That’s what they say, and it is certainly true. But contrary to what a lot of people believe, an agreement can be enforceable, even if it’s not in writing. Why A Writing is Better Of course, having something in writing is always… Read More »
When and How is an LLC Dissolved?
People often talk about starting a business, or how to get a business off the ground the right way. But many people aren’t aware of the process to dissolve a corporation—particularly a Limited Liability Company (LLC). Of course, failure to abide by simple state required filing guidelines can lead to the state dissolving your… Read More »
Is Your Non-Compete Agreement Enforceable?
Non-compete agreements are enforceable in Florida, and can be a valuable tool for you to protect your business. But not all non-competes are enforceable. One of the worst things that can happen is thinking you’re protected only to have a former employee or business partner be able to compete with you because your non-compete… Read More »
What Are Adhesion Contracts?
If you are a business, you probably see some benefit in the uniformity of contracts. Having to negotiate each and every contract with every provider, contractor, supplier, or customer can be tedious, time consuming and lead to confusion. A uniform contract that applies to everyone ensures that your business knows what to expect and… Read More »
Articles of Incorporation: Understanding the Basics
When you form a business or a company, the Florida Department of Corporations makes filing your articles of incorporation easy for you. But as you hopefully know, simpler doesn’t mean better, and boilerplate standard language is not always the best language to protect your business, or to ensure that your Articles of Incorporation do… Read More »
Don’t Get in Trouble By Violating Fair Housing laws
Let’s say that you own some property and you’re looking to sell or rent that property. Discrimination may be the farthest thing from your mind, and certainly, you harbor no discriminatory thoughts. But it can be easy to find yourself in trouble with fair housing and Florida’s housing discrimination laws. Illegal Practices It is… Read More »
Can a Mistake Excuse You From a Contract?
We all make mistakes. We are, after all, only human. But should a mistake excuse performance under a contract, or justify breaching a contract? It can-but only under certain situations. Courts are Wary of Mistakes As you can imagine, we have an interest in making sure that people live up to their obligations under… Read More »
The Rights of Minority Shareholders
Being a minority shareholder in a company can restrict many of your rights, or limit your ability to make decisions for the company, or to share in the profits of the company. But being a minority shareholder doesn’t make you a second-class citizen, or strip away all of your legal rights. When Things Go… Read More »
Enforcing Time Limits and Deadlines in Your Contracts
You have taken great pains to draft your business contract. You’ve covered every detail, and made sure that every contingency is planned for. Except for one thing: There’s no specific time frame in the contract that says when the parties must perform their obligations. When there are no time limits listed, how long is… Read More »
Partnerships and Joint Ventures: What’s the Difference?
So you’ve got a business idea, and someone else or another company that wants to do it with you. Congratulations! Time to go into business, with your new partnership. Or your joint venture. Wait-which is it? The words are often used interchangeably. Is there a difference? Differences and Similarities Partnerships and joint ventures are… Read More »
When is a Company Liable for Punitive Damages?
When we think of punitive damages, we often think of personal injury cases, and wrongdoers who have done something egregiously wrong. But anybody can potentially be liable to pay punitive damages, including a business. ‘ How is a business liable for punitive damages? A business isn’t a person. It can’t have the intention, malice,… Read More »
Understanding the Legalities of Crowdfunding
The internet has changed the way that our economy operates. That’s nothing new. But although the internet is hardly new, business continues to use it in new ways. One such way is through crowdfunding. You may be aware of what crowdfunding is—but do you know the legalities of crowdfunding? What is Crowdfunding? Unlike a… Read More »
TV Star Learns a Hard Lesson About Storage Unit Contracts
When a storage unit isn’t paid, as a general rule, the contents of the storage unit can be sold, usually at public auction. Buyers at these auctions often find themselves with valuables, purchased at a fraction of the property value. However, one famous purchaser found that not reading the fine print on agreements with… Read More »
