Tag Archives: Fort Lauderdale Business Litigation Lawyer
What to Do When Your Partner Dies and Leaves His or Her Share to a Spouse
It is not uncommon for a businessperson in a partnership to leave his or her share of a company to a spouse in his or her will. However, issues may arise upon the death of that partner, especially when the recipient spouse is unwilling or unable to take over the responsibilities that the share… Read More »
Client Lists: To Whom Do They Really Belong?
When a person works for a company for several years, he or she may amass several clients with whom they have built strong connections with. Because of the nature of the relationships, the employee may feel entitled to copy the client list prior to quitting or leaving the company and take that list along… Read More »
Is a Non-Compete Enforceable in Florida?
In most states, non-compete agreements are unenforceable. In Florida, however, they are perfectly legal. According to Florida Statute 542.335, non-competes—which are contracts that “restrict or prohibit competition during or after the term of restrictive covenants”—may be enforceable so long as the contracts are reasonable in area, time, and the line of business. If you… Read More »
Tips for a More Efficient Merger, Part 1
Merging businesses is an age-old maneuver that helps businesses grow and compete in a saturated market. An acquisition can help a floundering business owner regain the money he or she invested in the business and then some, or it can help a large company grow even bigger while cutting out the competition at the… Read More »
The Dangers Businesses Face of Misclassifying Employees
It is that time of year again—time for businesses to send out their W-2s and 1099s so that they can file their taxes and stay in good standing with the IRS. Thanks to the internet and the independent nature of a lot of positions, more companies are opting to hire independent contractors than they… Read More »
When There is Absence of an Injury in a Florida Non-Compete Case
According to Florida § 542.335, the Florida courts will enforce a restrictive covenant because the encroachment of a restrictive agreement generates a “presumption of irreparable harm.” The statute itself is restrictive, as it leaves no room for discussion about what happens when a covenant is violated but there are no damages, which actually happens… Read More »
How to Deal With Intellectual Property Theft
You may not have a secret sauce or a highly secretive design formula (or you might), but you do have a brand name, a logo, a catch phrase, and other unique creations that you own the exclusive rights to. These things are your intellectual property, and no other person or entity has the right… Read More »
Recent Ponzi Scheme Scammed Investors Out of $1.2 Billion
Ponzi schemes are nothing new, but despite their tell-tale signs—questionable products, a required large, upfront investment to pay for said products, the need to recruit new members to make money, and the most obvious, claims of “this is not a pyramid scheme”—people continue to fall for them, and such schemes continue to make headlines…. Read More »
Three Ways a Disgruntled Customer, Client, or Member May “Pierce the Corporate Veil”
“Piercing the corporate veil” is a term that refers to a legal action brought against a company that eventually results in the members assuming liability for a wrongdoing. The “veil” is the business entity, and it serves to protect owners’, shareholders’, and members’ assets and bank accounts from being sized for repayment of a… Read More »
The Basics of Tortious Interference in Florida
Competition is the backbone of the American economy, and it is what drives greater innovation, better products and services, lower prices, and greater awareness. However, competition is not without its shortcomings. Competition also drives greed, selfishness, cheating, and scandal. For now, we are going to focus on the cheating. Unfortunately, some business minds feel… Read More »