Succession Planning: Preserve Your Business
Whether your business has been in the family for generations, or you founded and built it from the ground up ...
Ways For An Established Business To Limit Legal Risk
Every company faces legal risks, no matter its size or industry. To protect their businesses and assets, understanding risk and ...
The Parkland Condo Association Case: Mediated Settlement Agreements Must be Signed by the Parties and Counsel
The Florida Second District Court of Appeal recently declined to enforce a mediated settlement agreement in the case of Parkland ...
FTX Bankruptcy – What Will Happen to Investors’ Money?
If you have been paying attention to financial news recently, you have probably heard that FTX, one of the world’s ...
What We Can Learn From Elon Musk’s Twitter Buyout
In April, Elon Musk— famous for Telsa and SpaceX—shocked the world when he announced his intentions to buy Twitter for ...
Your Company is Going to Be Deposed – Exploring Recent Updates to the Federal Corporate Deposition Rule
Is your corporation involved in a lawsuit? If so, you should be aware that the Supreme Court recently approved an ...
Three Bad Contract Habits Your Business Needs to Break
Over time, we can all build bad habits and not be as diligent as we should be to protect our ...
Should You Form Your Business as a Florida Entity?
As you work through the process of starting a new business, you’ll have lots of difficult decisions to make. However, ...
Does My Business Need to Hire an Attorney?
Small business owners are faced with many decisions every day on how to run and handle their business. As an ...
Strategies to Negotiate Business Contracts
When you are starting a new business, having strong agreements is important. Well-drafted agreements will protect you and your business ...
Rights of Partners in a Business Divorce
Are you planning to separate from your business partner? If so, it’s crucial for you to understand your rights before ...
Issues to Consider When Litigating a Business Divorce
When you start a business with another person, you hope it will thrive for many years to come. If it ...
Resolving a Business Divorce
Are you ready to separate from your business partner? If so, it is essential for you to understand the three ...
Issues to Consider Before a Business Divorce
Nobody forms a business partnership with the expectation that it will all fall apart one day in the future. Nonetheless, ...
Common Business Disputes that Could Lead to Litigation
If you own a business, you understand the importance of good planning. You likely spent hours upon hours researching and ...
Business Owner Disputes Can Lead to Messy Litigation, If You’re Missing this Key Document
When it comes to running a business with multiple owners, there are many decisions to be made. These decisions should ...
What is Injunctive Relief?
When Florida businesses, business owners, or other parties take legal action against individuals or businesses that caused them harm, they ...
How Can I Recover My Attorney’s Fees in Florida?
Almost everyone that goes into a lawsuit wants to know if they can win their attorney’s fees if they win ...
What Rights do Minority Shareholders Have in Florida?
Shareholders in the state of Florida can be broadly categorized into two groups: Majority Shareholders: Individuals or entities that ...
3 Steps to Protecting Expert Communications in Litigation
During litigation, plaintiffs and defendants will do everything within their power to gain access to the opposing lawyer’s emails, documents, ...
Elon Musk’s Purchase of Twitter and Taking a Public Company Private
If you have been paying attention to the news recently, you have probably heard that Elon Musk is purchasing Twitter. ...
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 ...
Personal Guarantees for Commercial Leases
Whether you own a small retail space or a large warehouse, it is crucial to protect your property. Asking your ...
An 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) ...
What 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 ...
Why 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 ...
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 ...
Common 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 ...
How Outside General Counsel Can Help Protect Your Business
More and more, companies are turning to outside general counsel (“GCs”) for assistance with their legal needs. In the past, ...
Court-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 ...
The Process of Expelling a “Bad LLC Member” in Florida
Multi-member LLCs always have to grapple with the issue of dealing with an unruly, unlawful or otherwise dysfunctional partner. Unfortunately, ...
Frazer Firm Featured in Abacoa and Alton Magazine
We are pleased to announce that Kent Frazer & The Frazer Firm are highlighted in the January 2022 issue of ...
Handling Landlord/Tenant Litigation
When brick-and-mortar businesses struggle and can no longer make rent, eviction looms. Commercial landlords and tenants must understand Florida rental ...
How the New Florida Business Corporation Act Affects Shareholder Derivative Litigation
Shareholder derivative litigation involves a corporate shareholder bringing a lawsuit on behalf of the company for harm suffered by the ...
Understanding the Distinction between Direct and Derivative Shareholder Actions
Whether a shareholder or member of a company can bring a derivative action or direct action against another shareholder or ...
Selling 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 ...
What 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 ...
It’s Time to Breakup: A Guide to Expelling an LLC Member
Breaking up is hard. It’s usually not pretty. What started out as a seemingly perfect business partnership has now grown ...
What Happens When It’s Time to Close My Business?
General Overview Entity selection – the process of determining which entity to use when establishing a business – is one ...
What 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 ...
Case Law Update – Taubenfeld v. Lasko
An Examination of Fiduciary Duties in a Closely-Held Corporation When business relationships turn sour, they can often become as bitter and ...
New Florida State Sales Tax Law Governing Out-of-State Sellers
The collection and remittance of sales tax by out-of-state sellers has been a prominent issue for many years. One of ...
President Biden’s Vaccine Mandate and Florida’s Response
On September 13, President Biden issued an executive order that calls for private employers with 100 or more employees to obtain proof of vaccination, or proof ...
How to Protect Your Business in Remote Work Environments
Most entrepreneurial business owners would agree that the last year has brought about unexpected challenges. Many of the businesses that ...
Choosing 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 ...
Basics of E-Discovery for Small Businesses
Electronic discovery, or “e-discovery,” is an increasingly important aspect of business litigation. Prior to the advent of the digital age, discovery consisted ...
Domestication of Out-of-State Judgments under Florida Law
In our previous post, we discussed the rules involved with enforcing a monetary judgment here in the State of Florida. ...
Enforcement of a Money Judgment in Florida
You’ve endured a difficult, stressful court case. You worked hard to collect the evidence necessary to substantiate your claim. And ...
An Overview of Biden’s Recent Executive Order on Non Compete Agreements
In early July, President Biden issued a series of initiatives via Executive Order with the intention of promoting economic growth ...
Kent Frazer Helps Client Obtain Summary Judgment Win in Insurance Dispute in the United States District Court
Kent Frazer, Founder and Managing Attorney of The Frazer Firm, recently helped his client obtain a complete victory on the ...
Do I Need a Written Operating Agreement for My LLC?
The State of Florida does not require business owners to have a written operating agreement for their limited liability companies ...
Best Practices for Drafting Commercial Leases in 2021
The last year has revealed uncertainty in the commercial real estate market. More than ever, commercial landlords need a watertight ...
Where to Now? Post-COVID-19 Tips and Tricks for Business Owners in Florida
Florida Governor, Ron DeSantis, has long aimed to restore a sense of post-pandemic normalcy throughout the state. Shortly after lifting ...
Litigation Holds – Triggers and Reasons to Comply
Almost everyone has seen a movie or TV show in which a lawyer dramatically produces a surprise witness or document ...
What to Expect When Your Business Dispute Goes to Court
Many businesses resolve their disputes before they reach litigation. But occasionally, a business cannot resolve its dispute with a vendor, ...
Received a Subpoena in Florida? Here Are the Steps to Take
Most people will never hire a lawyer, file a lawsuit, or testify in court. But business owners are much more ...
How Do I Protect My Business With a Non-Compete Provision?
Florida courts routinely enforce non-compete clauses in contracts with employees, contractors, and consultants. But the non-compete clause must meet certain ...
Should My Business Require COVID Waivers?
The COVID-19 pandemic has created a new normal for large and small businesses alike. Mask mandates are in place in ...
Can Businesses Require Employees to Mask Up After Government Mandates Have Been Lifted?
In the past few months, many state governments have discontinued their mask mandates. In some instances, lifting mask mandates has ...
Best Practices When Your Business Faces Litigation
Business-related disputes can arise for a wide variety of reasons. Disagreements can involve customers, employees, vendors, or business partners. Some ...
“Improved” SBA EIDL Program is Good for Liquidity
In early April 2021, the Small Business Association implemented changes to their Economic Injury Disaster Loan program (EIDL). With these ...
Is Your Company At Risk Of Deadlock?
At the planning and inception stage, it is common for two business partners to split everything “50/50.” It seems at ...
Avoiding Costly Litigation and Maintaining Your Company’s Growth
Litigation is one of the most costly, time-consuming, and challenging obstacles a company will face. However, there are many proactive ...
Resolving LLC Member Disputes
The Limited Liability Company is widely considered the most popular business entity today. The LLC draws attributes from both traditional ...
Protecting the Company You Worked So Hard to Build
Creating your own company is one of the most fulfilling moves one can make in a lifetime. Once you have ...
Is Your Business Planning for the Inevitable?
Cheerful businessman under an umbrella A company will incur legal fees, but many businesses fail to plan and budget for ...
Kent Frazer Named Senior Fellow of Litigation Counsel of America
Palm Beach County attorney Kent B. Frazer, of the law firm The Frazer Firm, P.A., has been named a Senior ...
Florida Supreme Court Takes on Federal Summary Judgment Standard
State Supreme Court building in Tallahassee, Florida. With the turn of a new year, the Florida Supreme Court is taking ...