Monthly Archives: February 2021
Civil RICO Lawsuits in Florida: What to Know About ‘Continuity’
Through a civil RICO lawsuit, a plaintiff can hold defendant(s) liable for damages caused by a pattern of racketeering activity. Florida courts are clear—a RICO violation is more than “garden variety fraud.” You must establish a pattern of related misconduct. In determining if a pattern exists, one of the things that courts look for… Read More »
FDUTPA: The Term “Unfair or Deceptive Act” is Construed Liberally
Companies that engage in fraudulent or unjust commercial activities can be held accountable for the damage they cause to consumers and other businesses. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a powerful consumer protection statute. The FDUTPA allows consumers to file a lawsuit to get compensation for losses related to an… Read More »
Partnership Disputes and Your Taxes: What You Need to Know
Partnerships are taxed as pass-through entities. In effect, this means that the profits (and losses) from the business “pass” directly to the partner. Each partner is then responsible for reporting the income and paying tax on their individual return. This raises an important question: How do you deal with taxes when partnership income is… Read More »
Considerations for a Business Succession Plan
No matter how good of a business person you are, one thing is for certain: Time will catch up to everyone. But the good news is that your business can outlast all of us—that is, assuming you have a good business succession plan. How Businesses are Lost Certainly, businesses can be lost in any… Read More »
The Benefits of Forming an LLC
Business, companies, LLCs…to many people these are all the same. And while they do have some similarities, there are some advantages of incorporating as, or transferring to, an LLC as opposed to a traditional C-corp. Tax Benefits One huge advantage of incorporating as an LLC is for tax reasons. Florida LLCs allow for what… Read More »
Does the Head of Household Exemption Apply to Independent Contractors?
Florida has a generous exemption from collections for the garnishment of wages. But this exemption may be limited for independent contractors. It’s something you should be aware of, whether you are someone who may need to collect a judgment from a debtor, or whether you could be a debtor yourself, owing a creditor money…. Read More »
Shareholder Deadlock Disputes: An Overview
A closely held corporation is a company with a limited number of shareholders. In some cases, a closely held corporation may have as little as two shareholders. Shareholders deadlocks are among the biggest threats to smaller companies. A deadlock can cause serious problems for a corporation—potentially even grinding operations to a halt. Here, our… Read More »
Limited Liability Partnerships (LLP) and Disputes
As a business owner, a legal dispute is one of the last things you want to deal with. Disputes take time, money, and focus. A dispute with a customer, client, or another company is challenging enough—it is even more difficult when there is a serious disagreement within the company, between the business partner. If… Read More »
FDUTPA and Attorneys’ Fees: What You Need to Know
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) provides protections to consumers and businesses against fraud and other unjust commercial practices. By filing an FDUTPA lawsuit, a plaintiff can seek financial compensation for damages sustained. Notably, the statute also allows for the awarding of attorneys’ fees and legal costs. Here, our West Palm… Read More »
Sales are Great-In Moderation
One way to drive customers to your business or website, is to have a sale. When you walk in a mall, or past retail stores, it seems all you see are big “Sale!” signs, and your mailbox is probably full of flyers that are advertising sales for various retailers. So why doesn’t your business… Read More »