Category Archives: Business Law
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Voluntary and Involuntary Dissolution of a Florida Corporation
A corporation is a legal entity with its own rights, privileges and liabilities that are separate from the members who created it. As such, a corporation is viewed as a separate entity (almost like an individual) in the eyes of the law. The individuals who are the shareholders to the corporation own the profits… Read More »
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LOST FUTURE PROFIT CLAIMS IN FLORIDA
When it comes to damages in Florida for breach of contract claims and other intentional torts, a very important and difficult type of consequential damages to prove concerns lost future profits claims. By example, assume that a business entered into a contractual agreement with a contractor to build-out commercial space. The contractor is very… Read More »
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Is Your Business ADA Compliant? 3 Ways to Avert Litigation
Owning a brick and mortar business comes with complying with a variety of state, local and federal laws. The Americans with Disability Act (ADA) often comes into play when dealing with employees who have a disability. However, business owners also have to ensure that their business is ADA compliant with ADA accessibility rules. Business… Read More »
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Formulating an Air-Tight Vendor Contract
In the business world, a vendor agreement is an all-important contract that determines whether a business will have the products and items needed for the business to run. A business owner wants to have a vendor contract that will ensure that the business gets all the deliverables (goods and services) it needs to run… Read More »
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Reasons Why Florida is Considered a “Corporation-Friendly” State
The location of incorporation for a business is an important decision. The decision is driven by many reasons including how much business sense it makes in relation to the growth of the company. The location of incorporation is also a logistical decision as a company will want to have a business office of some… Read More »
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Employer Liability For Employee Acts: Frolic or Detour
As a general rule, employers are responsible for the acts of their employees. These acts include accidents born out of negligence, acts conducted within the scope of the employment, and acts that are part of the job description. With general rules there are exceptions. Although employees are an extension of their employers, this is… Read More »
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Best Practices When Dissolving a Business
When an owner is faced with dissolving a business entity (or winding up a business), there are multiple considerations the owner is faced with to facilitate a smooth and legal process. For one, the entity type and the ownership amount will dictate the legal processes required for dissolution. The owner should consider the status… Read More »
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Common Disputes in Commercial Transactions
Commercial transactions are always fraught with much risk and danger. Given the amount of money and the parties involved in commercial transactions, that area of business contracting can be rather complex, making it a hotbed for disputes. Disputes can occur before a transaction is final, during the performance of the contract or after the… Read More »
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How Title III of the ADA Affects Your Business
From ramps to wide automatic doors and large bathroom stalls, these accessibility elements are all part of the mandate requiring certain businesses to comply with construction standards with the goal of serving persons with disabilities. These accessibility standards apply to certain businesses that are frequented by the public at large. The accommodation rules are… Read More »
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Yes, Contractual Interference is a Cause of Action
Tortious interference, also known as intentional interference with contractual relations, is a common law cause of action. Common law causes of action are man-made laws that arise from court decisions. In other words, this cause of action is not statutory. Tortious interference allows claims for damages against defendants who intentionally interfere with the plaintiff’s… Read More »