Author Archives: Jay Butchko
Difficulties Collecting Judgements Against Companies
When you go into a business law case, your attention is often on whether or not you can win the case, or how much you stand to be awarded. We often don’t look past that to an equally important question: even if you win, will you ever collect? Unlike in liability and injury lawsuits,… Read More »
Bathroom Access at Work: A Confusing and Controversial Issue
If you have a workplace, that workplace probably has bathrooms. You may not have given much thought to your bathrooms, because as long as they work and they are maintained, there isn’t much to think about. Except when you have a transgender employee, and the question becomes which bathroom can they use, and can… Read More »
You Received a Cease and Desist Letter: Now What Do You Do?
Let’s say that you’re going about your business, seemingly, without issue. Nobody seems to have a problem with you, and you don’t think you’re doing anything legally wrong. Then one day, it happens: You get a dreaded cease and desist letter. Who are these people telling you what you can and cannot do? If… Read More »
Attorney Brendan A. Sweeney Of Sweeney Law, P.A. Featured In The December 2023 Edition Of The Broward County Bar Barrister – CIVIL CONSPIRACY CLAIMS IN FLORIDA
The late world-renowned Dr. Leonard A. Cole, dentist, political scientist, investigative journalist, and terrorism medicine expert, poignantly stated: “You are not responsible for what your friends do, but you will be judged by the company you keep.” While this may be a generally true statement and something you probably heard from your parents…. Read More »
Preserving Evidence and Electronic Data
You probably already know that if you get sued, or even if you’re not sued, but there is a threat of a lawsuit, that you can’t throw away or destroy anything that could potentially be evidence in a case—even if the case isn’t filed yet, and even if there’s no guarantee a lawsuit ever… Read More »
What’s the Best Way to Wrap Up or Dissolve Your Business?
It has been said that all good things must come to an end. That could one day include your business. The end of a business isn’t always a failure; sometimes it’s just time to wrap it up, retire, or move on to new business ventures. But here you are, with an operating business, and… Read More »
What is a Registered Agent?
If you have ever looked up a company with the Department of Corporations, or started a company yourself, you’ve probably seen someone or a company designated as a registered agent (RA). The RA seemingly stands alone, aside from officers, board members or others. So who is this “mystery person,” and what’s the RA’s role… Read More »
Have to Lay Off Employees? Better Comply with the WARN Act
Let’s say your business comes on hard times, and you have to make the tough choice to lay off a significant amount of employees. It is hard to do, and you don’t want to do it, but at least you can rest assured that because Florida is an at-will employment state, that you can… Read More »
Oral Modifications Can Change Your Written Contractual Agreements
So you have a written contract, spelling out all the details of your agreement. That contract is the definitive source on what the parties to the agreement can and cannot do. Barring both of you agreeing, nothing could happen into the future that could change what you’ve written…could it…? In fact, there are situations… Read More »
Apparent Authority: Who Can Bind Your Company to Contracts?
Let’s say that you get notice that you are being sued for breach of contract. That sounds odd to you because you never signed any contract at all. And you are right—you didn’t sign the contract that you are being sued for. Someone else did, and by doing so, they bound your company to… Read More »
