Author Archives: Joseph Burns
A comment on this article: Just to add a little additional information with regards to a breach of contract. If you are having a disagreement concerning the performance under a contract it can be beneficial to discuss this with an attorney early in the process. There are a lot of legal technicalities related to issues […]
While I agree with most of what is said in this article, there are a few points that I would like to add. The LLC will generally provide liability protection to its members. However, if it is a single member LLC that ends up in bankruptcy, some bankruptcy courts have refused to recognize limited liability. […]
This article provides a useful, but very simplistic overview of the subject. Some of the issues mentioned can be very complex with a lot of exceptions to the general rule. You can protect yourself with a well written contract that delineates the specific obligations of each party. If you believe, the other party is not […]
The risk of a lawsuit can be greatly mitigated with appropriate insurance. The type and amount of the insurance should be based on the type of business that is being operated. Businesses that are engaged in hazardous activities or whose premises are open to the general public are at greater risk. The business owners are […]
As pointed out in the article, it is vital to document your interactions with your customer. This may help you in your negotiations to collect the debt and is a necessity if you are forced to take legal action. The offer to settle for a lesser amount as opposed to simply writing off the debt […]
This is the exact type of situation that necessitates the use of a nondisclosure/noncompete agreement. You would think that one exists in this case and would come into play in the lawsuit. To be effective, the nondisclosure agreement must be tailored to the specific needs of the employer and with a sufficient deterrence to prevent […]
Under Florida law it is very important that your agreement with your customer include a written provision for the recovery of attorney’s fees. In general, without such a provision, the recovery of your legal expenses will be impossible or much more difficult. This provision for attorney’s fees can be included in a formal contract or […]
There can be substantial financial benefits in operating your business in one of these corporate forms. Most small businesses should be set up as either a LLC or S Corporation. Additionally, you need to follow through with the appropriate supporting documentation to avoid problems and receive the full benefit.
This is one of the numerous issues that need to be addressed in what can be a complicated transaction.
While this article has some useful general information, it is important to remember that this is a changing area of law. Florida completely revised the statutes governing LLC’s in 2014. Florida has some unique aspects to its statutes in contrast to other states laws. Also, court decisions interpreting LLC member liability are in a state […]