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 not just be vocalized, but written down so they can become legally binding. A Florida LLC Operating Agreement is the necessary governing document that provides for all of the agreed-upon roles, rights, and duties of…
What is Injunctive Relief?
When Florida businesses, business owners, or other parties take legal action against individuals or businesses that caused them harm, they often seek monetary damages. In some cases, though, money is not sufficient to compensate victims for their losses. In such an instance, they may request injunctive relief. Injunctive relief is a legal remedy that…
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 their case. After all, who wouldn’t want their attorney’s fees covered? As a business litigation law firm in Florida, we are often asked this question by clients. Like most legal topics, the answer is…
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 own and control over 50 percent of a company’s shares, and Minority Shareholders: Individuals or entities that own and control less than 50 percent of a company’s shares Florida law grants majority shareholders the…
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, and recordings. These communications and files can contain vital information about their case strategy. Of course, there are some documents a litigant cannot access under (almost) any circumstance. Lawyers can almost always withhold their internal…
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. The deal is expected to cost around $44 billion, and Musk has announced that he plans to take the company private. When an organization goes private, it removes itself from public stock exchanges like…
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…
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. …