Author Archives: Jay Butchko
Collecting Debt? Don’t Get Sued
If you are a company that lends credit or money to consumers, or which performs services for consumers and then collects on the money later, you may find yourself in the business of collecting debt from those consumers. The difficult thing is that we go into business to work in our chosen fields—not to… Read More »
Even Small Companies Can Violate Antitrust Laws
Antitrust laws seem like laws that only large, multinational companies violate. But if you’re not careful, your business can run afoul of these laws as well. Honest Business? What makes antitrust laws so dangerous, and so easy for small businesses to violate, is that they seem like they are prohibiting what would otherwise sound… Read More »
“Standard” Contract Provisions That Could Haunt You If You’re Not Careful
We sign contracts all the time in business—so many, that there are a number of sections in our contracts that we see so often, we refer to them as “boilerplate” provisions. They are common, similar, and often tacked onto every contract that you sign. But some aren’t so harmless, and can cause you real… Read More »
What Is Force Majeure?
When you write a business contract, you should always do your best to plan for all possibilities, obstacles and contingencies in the contract. But even the best laid plans go awry, and life often throws things at us that we not only can’t anticipate, but which we can’t control. That’s where the standard contractual… Read More »
Staying Out Of Legal Trouble With The Government
You may have heard of laws in Florida, specifically, the Unfair and Deceptive Trade Practices Act, which allows aggrieved consumers to sue business for behavior which is…well, unfair or deceptive. While that may seem inexact or repetitive, it is necessarily so, because of the broad definition of these terms. They literally encompass, and mean… Read More »
Attorney Brendan A. Sweeney Of Sweeney Law, P.A. Featured In The April 2023 Edition Of The Broward County Bar Barrister – DON’T ACT TOO FAST – TERMINATING CIVIL DEPOSTIONS IN FLORIDA
Starting on the date of admission to The Florida Bar, attorneys pledge fairness, integrity and civility to opposing parties and their counsel, not only in court but also in all written and oral communications. The Rules Regulating the Florida Bar also prohibit a lawyer from “unlawfully obstruct[ing] another party’s access to evidence,” “fabricat[ing] evidence”… Read More »
Running A Legal Raffle Or Lottery
If you have a business, especially a charity or a nonprofit organization, you may have an idea that could help you raise some money: a lottery or a raffle. Yes, gambling is illegal in Florida, but you’re not really gambling. A couple people buying a ticket, and getting a prize if they win, with… Read More »
Could A PLLC Be Right For You?
Although lesser known than its better known corporate relatives, and though similar to the Limited Liability Company (LLC), the Professional Limited Liability Corporation or PLLC, can be a valuable corporate entity for your business, if you’re thinking of starting a new venture, and you fit into the description of who can form a PLLC…. Read More »
Changes Are Coming To The Roof Replacement Rule
If you are in the construction industry, or you own any property that happens to have a roof on it, then a new law that goes into effect shortly should be of interest to you. It has to do with roof replacement, and how much of a roof needs to be replaced when there… Read More »
What’s A Good Guy Guarantee And Should You Use One?
Landlord tenant relationships, especially business and commercial ones, are always difficult. There is a tenant, who signs a lease despite not knowing how business will go in the future, and thus, takes the risk of significant penalties or lawsuits if the lease needs to be broken. On the other hand, there is the landlord,… Read More »
