Posts Tagged ‘Litigation’
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 in the event of a dispute or legal action. However, most contracts involve complex or nuanced issues that non-lawyers would not be aware of and it is important for non-lawyer business owners not to undertake…
Read MoreRights 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 you begin the process. The exact nature of your rights will depend on the structure of your business. However, they will typically include: The Right to Access Essential Company Information As a…
Read MoreIssues 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, these dissolutions (or divorces) happen regularly. They are usually caused by factors such as: Poor business decisions Personal disagreements Financial mismanagement Owner death or illness, or Government intervention If you are thinking about…
Read MoreCommon 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 organizing before you even opened your doors to the public. Successful businesses don’t just happen, they are the result of careful planning and execution. Unfortunately, some business owners overlook an essential aspect of their business…
Read MoreBusiness 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…
Read More3 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…
Read MorePersonal 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…
Read MoreAn 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…
Read MoreWhy 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…
Read MoreThe 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. …
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