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 (LLCs). This does not mean, however, that you shouldn’t have one on hand. An operating agreement is extremely valuable and can prevent significant problems once the business is up and running. Should any questions arise…
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 lease. It is essential that you assess your commercial lease templates and make any necessary changes to best protect your investments. Take Steps to Avoid Future Pandemic Liability Include provisions in the lease that ensure…
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 Florida’s state of emergency, the Governor preemptively banned state, local, and county authorities from requiring residents to use vaccine passports to declare their vaccination status. Similarly, the Governor overwrote local COVID-19 restrictions, lifting the mask…
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 at trial. But this never happens in real life. The discovery rules in federal and Florida state courts require each party to produce evidence for the other parties to review. A business issues a “litigation…
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, customer, employee, or shareholder without the assistance of the courts. Business owners will usually turn to litigation when there is an irreconcilable disagreement over the facts of the case or the law that applies to…
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 likely to become involved in a lawsuit. In your capacity as the owner of a business, you may have to answer to your investors, lenders, customers, suppliers, and employees. You may be governed by a…
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 standards of reasonableness before it can be enforced. It must also support a legitimate business interest since an injunction against the employee essentially robs that employee of the freedom to choose where to work. Here…
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 most states and social distancing is still necessary. In some states, business owners are collecting customer information for contact tracing. Since the pandemic has hit businesses hard, some companies have considered the possibility of using…
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 emboldened many people who are resistant to wearing face coverings to stop the spread of COVID-19. While coronavirus vaccines are becoming more widely available, masks are still being recommended for public safety. Business owners desiring…
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 disputes cannot be resolved internally. When this happens, owners should prepare for the possibility of litigation. Disagreements that require legal intervention can include the following: Breaches of contract Shareholder disputes and deadlocks Difficulties from restructuring…
“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 improvements to the program in place, qualified companies can borrow more capital than before. Beyond higher loan limits, the SBA has taken several steps to make EIDL loans easier to obtain. Today, we will explore…
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 first glance to be fair and equitable to split the profits, losses, and managerial decisions equally between the owners. But what happens when disagreements in running the business arise? Companies with two partners, or…