Category Archives: Business Litigation
When Does Your Business Have to Preserve Electronic Evidence?
You may know that it is your duty to preserve electronically stored information (ESI), such as videos, emails, or other electronic information, when it is reasonable to believe that the information will be or could be relevant to a lawsuit. That requirement applies whether you anticipate being a party to the lawsuit, or whether… Read More »
Are Hold Harmless Agreements Between Employees and Employers Enforceable?
We’ve probably all seen exculpatory clauses—those provisions in contracts or agreements that require that parties hold harmless other party from liability. These agreements are commonly used in business contracts, and in connection with various high risk activities. But they’re also sometimes used in the context of employment. Is a hold harmless contract between an… 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 »
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 »
Impossibility of Performance as a Defense to Breach of Contract
If you are sued under a contract that you couldn’t perform because it was impossible to do so, you may have a valid defense. But courts are wary of this defense, and it is important to know when it is truly impossible to comply with the terms of an agreement What is Impossibility? Impossibility… Read More »
Oral Contracts are Enforceable…Sometimes….
If you want an agreement to be enforceable, put it in writing. That’s what they say, and it is certainly true. But contrary to what a lot of people believe, an agreement can be enforceable, even if it’s not in writing. Why A Writing is Better Of course, having something in writing is always… Read More »
When and How is an LLC Dissolved?
People often talk about starting a business, or how to get a business off the ground the right way. But many people aren’t aware of the process to dissolve a corporation—particularly a Limited Liability Company (LLC). Of course, failure to abide by simple state required filing guidelines can lead to the state dissolving your… Read More »
Is Your Non-Compete Agreement Enforceable?
Non-compete agreements are enforceable in Florida, and can be a valuable tool for you to protect your business. But not all non-competes are enforceable. One of the worst things that can happen is thinking you’re protected only to have a former employee or business partner be able to compete with you because your non-compete… Read More »
