Recent Blog Posts
Which Is Better: Negotiating With Creditors Or Filing For Bankruptcy?
It happens to the best of us: Your business is struggling, and you may be considering a bankruptcy. But is that the best option for a business that is having a hard time paying debts? Couldn’t you just negotiate your way out of debt? Negotiation May Help It should go without saying that it… Read More »
When Can You Protect Customer Lists From Being Stolen?
Over the years, your business has accumulated a lot of customers, and names of potential customers. You have a list compiled through business contacts or networking, that you can network to, market to, and email information to. You have worked hard, over the years, for this list of contacts. But can you protect those… Read More »
What Should You Include In Your Shareholders Agreements?
If you are looking for people to buy shares in your business, and thus, invest in it, those investors are going to want to know what their rights are. Specifically, they are not going to give you money or take shares in your company without a shareholders agreement. But what is in a shareholders… Read More »
Watch For Clawback Lawsuits
If your business is doing well, the last thing on your mind may be bankruptcy, or ending up in bankruptcy court. So how is it that you are being sued by a bankruptcy trustee in bankruptcy court? Yes, you can end up in bankruptcy court, even if you’re not actually in bankruptcy. Here’s how,… Read More »
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 »
