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 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…
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) 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…
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 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…
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 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…
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. …
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 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…
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, the dominant trend was for companies to hire full-time in-house counsel for legal assistance. Part of this trend was related to the state of technology, as older technology made in-house arrangements much more attractive. Another…
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 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…
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, LLC members sometimes fail to address the procedure for removing or expelling an unruly LLC member in their operating agreement. That being said, although establishing a removal procedure through an operating statement is ideal, LLC…
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 Abacoa and Alton Neighbors Magazine. You can read our full feature here: Abacoa and Alton January 2022 Our business is protecting yours. Reach out to our experienced business litigation attorneys at The Frazer…
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 laws to limit revenue loss. The Frazer Firm can help guide you through the process of preventing or navigating issues related to leasing defaults. Here is a brief overview of what you need to…
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 company. This type of litigation was impacted significantly with the passage in 2020 of the revised Florida Business Corporation Act (FBCA), Chapter 607 of the Florida Statutes, in several ways. Perhaps the most significant impact…