Posts Tagged ‘Litigation’
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…
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. …
Read MoreCommon 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…
Read MoreCourt-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…
Read MoreThe 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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