Category Archives: Business Law
Defenses to Tortious Interference with Contract Claims
In Florida, when two parties have a contract to do some kind of business with each other, it is illegal to interfere with that contract. Doing that can end up getting you sued for what is known as tortious interference with the contract. The Elements of the Tort Interrupting, disrupting, or inducing or causing… Read More »
Whistleblowing When There is a Confidentiality Agreement or NDA in Place
Under the False Claims Act (FCA), an employee or other officer of the company can report illegal activity by the company to the government, and can do so safely and with legal protections. In some cases, the whistleblower may even be able to share in whatever financial recovery the government receives as a result… Read More »
Due Diligence When Buying a Business: What Does it Entail?
Let’s say that you are buying a company, or an already existing business. You’re probably savvy enough to know already, that you need to do your due diligence. And you may even know what due diligence is. But what does due diligence actually entail—that is, when you do your due diligence, what are you… Read More »
Does an LLC Provide Protection to the Business Owner?
Are you considering forming a limited liability company (LLC) in Florida. If so, you may be wondering: Does an LLC actually provide real liability protection to the business owner? The answer is “yes”—one of the primary benefits of an LLC is that it offers tangible and reliable liability protection. Your LLC’s assets and liabilities… Read More »
Locked in a Business Contract Dispute? How Commercial Mediation Can Help
Are you locked in a business contract dispute? Do not assume that the only way to resolve the case is going to court. Mediation can be a great tool for contract disputes. Here, our Miami business law attorney explains how commercial mediation can be a great option to resolve a contract dispute. What is… Read More »
Due Diligence for Your Business Investment
Andrew J. Boloy, Attorney Whether purchasing or investing in a business, thorough due diligence is one of the most significant aspects of protecting yourself during the process. While many business owners have the wisdom and knowledge to come up with a general value of the business through a proper accounting audit, are you sure… Read More »
Business Law in Florida: What is a Registered Agent?
How do you set up a business in Florida? If you are going to set up a corporation or a limited liability company (LLC), then you will need a registered agent in the state. A registered agent is an individual that has been designated by the business to receive official legal documents. Here, our… Read More »
Summary Judgment: You May Not Get Your Day in Court
If you have a business law case in court, you probably anticipate that if you want to, and if you don’t want to settle or drop the case beforehand, that you will have your case heard by a jury or at least a judge. After all, the legal system is designed so that all… Read More »
How to Make Your NDA Enforceable
Drafting a rock solid nondisclosure agreement can be vital to your business. It can be the difference between doing business safely, or having your important trade and business secrets, out in the open, for the public-and for competitors—to see and use. And with so many eyes (employees and contractors) on such sensitive information, an… Read More »
What is a Non Circumvention Agreement?
If you go into business with other people, whether in a partnership or some other business entity, the hope and assumption is that you are going into business with people you trust. That is, of course, not something to rely on—business agreements, contracts, bylaws, or management agreements are always vital in any business venture… Read More »
Insurance Companies Can, and Do, Go Under-What Happens Next?
We rely on insurance not just in our daily lives, personally, but in our businesses as well. Insurance allows us to operate, allows us to live safely, and allows us to mitigate legal risk. But although we think of insurance companies as these unstoppable, invincible corporate figures, the truth is that insurance companies can,… Read More »
Understanding the Business Dispute Between Daryl Hall and John Oates
If you grew up in the 80s, or are a fan of 80s music, there is one duo whose music is so ubiquitous, that their songs almost define the attitude and style of that generation: Daryl Hall and John Oates. But despite the fact that the two paired to form some of the most… Read More »
How to Look Up a Florida Corporation with the State of Florida
Because we live in an age when buying things online is common—possibly, just as or more common than buying things in person—it has also become easier for scammers to take people’s money. Anybody with HTML skills or software, can create a website that looks legitimate. But how do you know when the company you… Read More »
Trademarking a Smell-It’s Difficult, but it Can be Done
Humans are visual creatures. And when it comes to intellectual property, be it copyrights or trademarks, we often think that IP is related to only what we can see. But our sense of smell tells us a lot also—and in fact, smell is so powerful that it is possible to actually trademark a scent… Read More »
Preparing a Non-Party Witness: What Can A Lawyer Say and Not Say?
In almost any business litigation case, there are witnesses that are not parties to the case—that is, they are not clients of the attorneys in the case. They are neutral bystanders or others who have some evidence relevant to the issues in the lawsuit. When they are going to be deposed, or even before… Read More »
Understanding Corporate Positions and Titles
When it comes to companies, there are a lot of titles and positions that are talked about. They are often interchangeable; even people savvy in the legal and business world, confuse them, or use them haphazardly. But titles in the business legal world do mean a lot, and have very specific legal meaning. Here’s… Read More »
Corporations and LLCs: What’s the Difference?
You probably know about companies that are actual Florida corporations, and companies that are Limited Liability Companies, or LLCs. But do you really know the difference? It may not seem to matter to you—until you’re the one looking to start a business, and you need to know which corporate structure is best for you…. Read More »
Do You Know Quid Pro Quo Harassment When You See It?
Your business would never sexually harass anyone. You know the rules, and you avoid breaking them. But there’s one form of sexual harassment that is harder to spot, and which often happens seemingly, at least at first, innocuously: Quid pro quo sexual harassment. And it could happen in your business, without you knowing it…. Read More »
Hold Harmless and Liability Waivers: Make Them Enforceable
Let’s say that you are in a business or an industry where you have concern that you could end up getting sued—particularly sued for injuries. There are a lot of ways to run your business as safely as possible, but you are concerned there may be no guaranteed, foolproof way to insulate yourself from… Read More »
Loans, Interest and Usury: It’s Not as Easy as You Think
If you are in the business of loaning money to other people, and you charge interest, you hopefully know about the maximum legal interest rate that you can charge. Go above that rate, and you’re not only breaking the law, but you could end up losing all the money that you borrowed—in addition to… Read More »
