Monthly Archives: March 2021
Can You File a Lawsuit Against a Competing Business Under the FDUTPA?
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is one of our state’s most important consumer protection laws. Yet, the law does not only apply to consumers. Businesses also have the right to take legal action under the FDUTPA. In fact, a company may file an FDUTPA claim against one of its competitors…. Read More »
Voluntary Partnership Dissolution and Disputes
A partnership dissolution is a term used to refer to the termination of a partnership. Broadly speaking, partnership dissolutions fit into two categories: Voluntary dissolution and involuntary dissolution. An involuntary dissolution occurs when a court forces a sale to resolve a deadlock dispute. In contrast, a voluntary dissolution occurs when the partners agree to… Read More »
How to Resolve a Shareholder Dispute When There is No Shareholder Agreement
As described by the Cornell Legal Information Institute, a shareholder agreement is a binding contract between the shareholders of a corporation. While they provide clarity and legal protection, a shareholder agreement is optional. This raises an important question: How is a dispute resolved if there is no shareholders’ agreement? Here, our Miami shareholder dispute… Read More »
Be Careful if You’re Pulling Consumer Credit
Depending on the nature of your business, you may find it necessary-or good practice-to check the credit of your clients or customers. Credit checks are used not just for loans, but for rentals, employment, and for general background checks. But pulling credit in violation of federal law can lead to harsh and expensive penalties…. Read More »
What is Unconscionability?
Courts and the law have an interest in making sure that contracts are enforced. Not every contract is fair, and both sides don’t always get equal parts of a deal in a contractual agreement. If simply being “unfair” were a defense to a breach of contract action, you can imagine it would be near… Read More »
Franchising and Licensing: Weighing the Pros and Cons of Each
If you are looking to start a business, you may be considering purchasing a franchise. But what’s the difference between going into a franchise, and simply purchasing a license to use someone else’s trademark, logo, or other information? Pros and Cons of a Franchise A franchise is a much more involved transaction than a… Read More »
Two Differences Between the Florida RICO Statute and the Federal RICO Statute
Under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, a plaintiff can bring a civil claim to seek financial damages caused by a “pattern” of racketeering activity. Florida’s RICO law shares many similarities with the federal RICO statute. In fact, Florida legislators mirrored the state RICO law after the federal statute. That being… Read More »
Can a Minority Shareholder Be Removed from the Business in Florida?
A minority shareholder of a closely held corporation has no direct control over the operation business. At the same, a minority shareholder may still be deemed “disruptive” or otherwise a “poor fit” for the business. This raises an important question: Can a minority shareholder be forced out of a business in Florida? As with… Read More »
Why You Should Always Hire a Personal Injury Attorney After a Car Accident
Car accidents happen all the time. They can range anywhere from a little fender bender to a severe accident that may even cost people their lives. The severity of an accident is one of the most important factors to consider when deciding whether or not to hire a personal injury attorney. Some people think… Read More »
Want to Avoid a Partnership Dispute? Here are Four Things You Need to Do
Though it is difficult to get reliable data, we know that a significant percentage of business partnerships end in divorce. A recent study found that as many as 70 percent of partnerships eventually fail. Knowing the challenges associated with owning and operating a business, it is imperative that you and your partners implement the… Read More »
