Business
Common Post-Closing Merger and Acquisition Disputes
In the merger and acquisition (M&A) process, both the buyers and the sellers can spend significant amounts of time performing their due diligence and negotiating a Purchase and Sale Agreement (PSA). This agreement is created in hopes of reducing post-closing risk exposure. Even with the best of intentions, after the deal has closed the parties…
Read MorePersonal Guarantees for Commercial Leases
Whether you own a small retail space or a large warehouse, it is crucial to protect your property. Asking your tenant to sign a personal guarantee is one of the best ways of achieving that goal. What Is a Personal Guarantee of a Commercial Lease? A personal guarantee of a commercial lease is…
Read MoreAn Overview of the Florida Deceptive & Unfair Trade Practices Act (FDUTPA)
Often regarded as a mirror of the Federal Trade Commission Act, the Florida Deceptive & Unfair Trade Practices Act (FDUTPA) is a critical piece of Florida law which is designed to protect both consumers and competitor businesses. The FDUTPA draws heavily from the FTC Act, but it is distinguishable in certain key respects. In…
Read MoreWhat is a Tortious Interference with Contractual or Business Relationships Claim?
All businesses rely on contracts to operate efficiently and to protect business interests. A tortious interference with a contractual or business relationship in Florida occurs when a third party to a business agreement intentionally disrupts that business relationship. Written contracts are necessary for businesses to operate efficiently. From employees to sellers and partnerships, sound…
Read MoreWhy Your Business Needs a Legal Audit
As most business owners are aware, an IRS audit is designed to scrutinize the tax return of an individual or business to ensure accurate reporting and compliance. A “legal audit” functions in a similar way, although the purpose is not to scrutinize a suspicious return, but instead to identify potential issues and ultimately prevent costly…
Read MoreThe 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…
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