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…

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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…

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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…

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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…

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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 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…

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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…

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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…

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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…

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Selling the Company: Stock Sale or Asset Sale

Asset or Stock Sale Experienced Business Attorney Explains

If you are considering a sale of your business, there are two common types of sales that you will likely have to choose from: selling the stock of the company or selling the company’s assets.     Weighing out the pros and cons is important, as each varies widely with how you will be taxed and how…

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