Category Archives: Business Law
Marriage-Based Employment Discrimination in Florida
Discrimination in the workplace is prohibited in Florida by federal and state laws. In an employment discrimination lawsuit, it is generally up to the employee alleging that the discrimination occurred to present all of the elements of a discrimination claim, and then up to the employer to show that the treatment of the employee… Read More »
Unfair Business Practices Under Florida’s Unfair Competition Laws
Florida’s small business community plays a significant role in keeping the Sunshine State’s economy vibrant and strong. According to 2018 data provided by the United States Small Business Administration, small businesses comprised more than 99 percent of all Florida businesses and employed over three million people. The operations of small businesses (and all businesses)… Read More »
Employment Agreements and Restrictive Covenants
Contracts are made up of promises. For example, one party to a contract may promise to do some type of work while the other party promises to pay for that work. The promises on both sides are referred to, in law, as covenants. Most often, contractual covenants require one party or the other to… Read More »
Can My Business Operate as an LLC in Florida?
If you are starting up a new business this year, one important consideration is how that business will operate, or, in other words, your choice of business form. For many new businesses these days, the LLC is a popular choice. In fact, according to the Department of State, Division of Corporations, there were well… Read More »
Avoiding Trademark Infringement When Opening a New Business
Trademark infringement protects a business that has exclusive right to utilize the mark. A trademark is a word, phrase, symbol, and/or a design that signifies and distinguishes the goods or products of one business from those of others. Similarly, a service mark is a word, phrase, symbol or design that signifies and distinguishes the… Read More »
Common Business Disputes & How to Limit Litigation
Business transactions are complex dealings fought with legal issues that can land parties in court. Given the many moving parts of a business transaction, parties have to be cognizant of the aspects of a deal that can be contentious enough to create legal issues. There are a few issues that are heavily negotiated in… Read More »
Breach of Contract Under the UCC
Contracts made in the context of selling goods are treated differently than contracts made for services and other intangible transactions. The contracts made for the sale of goods are governed by the Uniform Commercial Code. The Uniform Commercial Code is a standardized set of laws and regulations for transacting business in the sale of… Read More »
Issues of Liability in Limited Liability Partnerships
Limited Liability Partnership is one form of entity formation under which businesses in Florida can choose to incorporate. There are many benefits to forming an LLP. However, there are some considerations as well. In essence, a limited liability partnership is a general partnership. The biggest advantage of forming a limited liability partnership as opposed… Read More »
“Slip and Fall” Tort Litigation Guidance for Business Owners
Business owners have a large amount of responsibility to secure their premises from dangerous conditions that may be hazardous to their patrons. That is part of the cost of operating a business. However, when a claim is filed, the business owner must make assertive decisions to ensure that the litigation is proper and that… Read More »
Tips for Due Diligence Success as a Novice
The most important aspect of mergers and acquisitions (M&A) is the performance of due diligence activities. Those who are beginners in the area of M&A will quickly know the importance of why due diligence occur before the purchase of a business is finalized. The due diligence investigation is an audit of a potential investment… Read More »
