Posts Tagged ‘Litigation’
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…
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…
Read MoreChoosing between Federal and State Court for Business Litigation
All attorneys and many potential litigants are aware that venue can have a major impact on the process and outcome of a case. Clearly, whether a case is successful or unsuccessful depends to a large degree on its merits; but, the location where a case is litigated and tried can also have an influence as…
Read MoreBasics of E-Discovery for Small Businesses
Electronic discovery, or “e-discovery,” is an increasingly important aspect of business litigation. Prior to the advent of the digital age, discovery consisted of physical documents being requested, collected, reviewed, and then potentially used in a litigation dispute. Given the rise of information technology, and especially electronic file storage and cloud backup, physical documents often comprise a minor portion of relevant documents in…
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