Business
The Difference Between a Breach of Fiduciary Duty and Professional Negligence
Claims of breach of fiduciary duty and professional negligence can be similar, but it is essential to understand the distinction between the two if pursuing damages. This article will help you better recognize which type of claim may be applicable when someone that owes you a legal obligation fails to act in your best interests. …
Read MoreCommon Legal Mistakes by Small Business Owners
Few things require as much dedication and commitment as running a business. Ask just about any successful entrepreneur and he or she should be able to attest to this fact. This is because operating a business involves so many moving parts, and these many moving parts tend to keep moving constantly. Businesses need tax and…
Read MoreCourt-Appointed Receivership: Is it Better Than Bankruptcy?
If you’re facing bankruptcy for your financially distressed business, receivership may be a better option for you. A receivership is designed to protect a lender’s assets for an interim period, such as during a pending foreclosure or other litigation involving the business. Today, we will cover court-appointed receiverships, and why they may be favorable to…
Read MoreSelling the Company: Stock Sale or Asset Sale
If you are considering a sale of your business, there are two common types of sales that you will likely have to choose from: selling the stock of the company or selling the company’s assets. Weighing out the pros and cons is important, as each varies widely with how you will be taxed and how…
Read MoreWhat Records do Shareholders Have a Right to See?
Pursuant to Chapter 607 of the Florida Statutes, corporate shareholders have a right to “view and copy” certain records. The right to view and copy corporate records is part of the overall bundle of rights enjoyed by shareholders in the State of Florida. In order to make informed decisions relating to a company own or…
Read MoreWhat Constitutes a Breach of Contract in Florida?
In the state of Florida, a breach of contract occurs when a party to a contract fails to perform one or more of their contractual obligations. This can include the failure to pay on time, failure to complete a job or deliver goods by a specified time, substituting inferior products, and much more. A breach…
Read MoreChoosing between Federal and State Court for Business Litigation
All attorneys and many potential litigants are aware that venue can have a major impact on the process and outcome of a case. Clearly, whether a case is successful or unsuccessful depends to a large degree on its merits; but, the location where a case is litigated and tried can also have an influence as…
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