Attorney-Client Privilege in a Business Organization – Who Does It Apply To?

When an individual is pursuing a personal injury claim against a negligent business or defending themselves against a criminal charge, ...
women being deposed law firm court room Frazer Firm Business Law Tampa

Differences Between Corporate Representative Deposition and Individual Witness Deposition

During the course of a legal case involving Florida businesses, it is common for one or more of the parties ...

Are Non-Compete Agreements Enforceable in Florida?

In the State of Florida, non-compete clauses in agreements are fraught with legal issues. Add to that, many states have ...

What Is a Florida Multi-Member LLC Operating Agreement?

A Florida multi-member LLC operating agreement is an important legal document that outlines the rules and regulations of a Limited ...

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? 

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?

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

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 ...
Outside General Counsel GC Benefits for Business

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 ...
Asset or Stock Sale Experienced Business Attorney Explains

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 ...
Expelling an LLC Member

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

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 Bidens Covid 19 Vaccine Mandate

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 ...
e discovery small business litigation

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 ...
aerial photography of city during night time

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. ...
100 U.S. dollar banknote lot

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 ...
white concrete building under sky

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 ...
person writing on white form paper

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 ...
green and white wooden board

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 ...
red and white no smoking sign

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 ...
woman in gold dress holding sword figurine

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 ...
man writing on paper

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 ...
persons finger on macbook pro

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 ...
woman in black sweater holding white tablet computer

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 ...
A stack of thick folders on a white surface

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 ...
closeup photo of 100 US dollar banknotes

“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 ...
closeup photo of gavel

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 ...