Posted on July 24, 2024 in Business Law

When a person or organization makes false statements or representations to obtain money or other benefits, this is known as fraud. While fraud is a criminal offense that can result in prosecution, it is also a significant threat to businesses, since it can impact their finances, operations, and reputations. By understanding the different forms of fraud that could potentially lead to financial losses or other consequences, business owners can take steps to identify and prevent these threats. An experienced attorney can help a business address the legal issues associated with fraud and ensure that a business owner will be able to protect their interests.

Types of Business Fraud

There are many different fraudulent activities that businesses may need to address, including:

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 Posted on July 15, 2024 in Real Estate

Purchasing a home is a major transaction and a significant investment, and a variety of issues need to be addressed during the closing process. One crucial step in the home-buying process is the title search, which can reveal potential claims against the property. Understanding what a title search entails, the types of claims it may uncover, and how to resolve these issues is crucial for buyers and sellers. An experienced Florida real estate attorney can help address these matters effectively.

What Is a Title Search?

During a residential real estate transaction, a detailed examination of public records related to a property's history will need to be performed. This process is conducted to verify the legal ownership of the property and to uncover any claims, liens, or other encumbrances that may affect the title. Typically, a title company or a real estate attorney performs the title search before the date of closing. The goal is to ensure that the buyer receives a clear and marketable title to the property.

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 Posted on July 04, 2024 in Business Law

When starting a business, it is important to carefully consider how the business will be structured. This decision can impact many different aspects of the business, including how it will be managed, how important decisions will be made, what responsibilities apply to an owner or others involved in the business, and who will be liable for business debts.

For a business with multiple owners, determining which options to use when establishing a business partnership can be a complex matter. If you are starting a business along with one or more partners or bringing new partners into an existing business, an experienced attorney can help you understand possible business structures. Your options for structuring your business partnership may include:

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 Posted on June 29, 2024 in Business Law

Update: Below, we discuss the role that injunctions can play in litigation related to a breach of contract. However, it can be helpful to understand specific situations where injunctive relief may be an option. Some examples of cases where parties may seek injunctions include:

• Theft of clients: Former employees, partners who have left a company, or other parties to business contracts may violate non-compete agreements and attempt to lure clients away from the company. To prevent the loss of business, a company may seek an injunction preventing these actions. While the FTC has taken steps to ban non-compete agreements, there are still some situations where they may be used and enforced, including in contracts with people who serve in executive positions.

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 Posted on June 22, 2024 in Business Law

The U.S. Federal Trade Commission (FTC) recently announced a new rule that will significantly alter the landscape of employment agreements used by businesses throughout the United States. This rule bans most non-compete agreements, a move that could impact countless workers and employers. Understanding the implications of this proposed rule is crucial for business owners. If you have concerns about how this change might affect you or your business, an experienced attorney can help you navigate these legal issues.

What Is the FTC’s New Rule on Non-Compete Agreements?

The FTC’s rule prohibits employers from entering into non-compete agreements with workers. Non-compete agreements may prevent employees from working for competitors or starting a similar business within a certain geographic area and time frame after leaving a company. The FTC argues that these agreements stifle competition, suppress wages, and hinder innovation. The new rule will go into effect on September 4, 2024, and it will make the following changes:

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 Posted on June 16, 2024 in Real Estate

There are a variety of situations where residential or commercial property owners may encounter disputes with their neighbors related to property lines, encroachments, or other related issues. Boundary disputes can be difficult to resolve, and they can cause a great deal of stress and difficulty for property owners. In some cases, litigation may be required to ensure that a property owner’s rights will be protected. By understanding the legal issues involved in these cases, a property owner can determine the best approach to take to resolve boundary disputes successfully. An attorney with experience in real estate law and litigation can provide invaluable guidance in these cases while representing a property owner’s interests.

Types of Real Estate Boundary Disputes

Boundary disputes can arise in a variety of different situations, including:

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 Posted on June 07, 2024 in Business Law

If you are a business owner, or if your family has substantial wealth, you will likely want to take steps to make sure your assets are protected. Trusts are a powerful tool that can be employed to safeguard your assets against potential risks and make sure you and your loved ones will have the financial resources you need in the future. An experienced attorney can provide guidance on the best steps you can take to ensure that your assets are well-protected.

Why Protecting Assets Is Important

There are several reasons why you may need to take steps to protect your assets, including:

• Legal claims and lawsuits: If someone takes legal action against you or your business, your personal assets may be at risk of being seized to satisfy judgments.

• Creditors: If you or your business have outstanding loans, and you fail to make payments as required, creditors may seek to claim your assets to recover these debts.

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 Posted on May 30, 2024 in Bankruptcy

Business partnerships are built on trust, respect, and mutual agreements. However, there are times when that trust may be broken due to a breach of contractual obligations. If you find yourself in a situation where your business partner in Florida has failed to meet his or her contractual commitments, it is crucial to take swift and strategic actions to protect your interests and resolve the issue. This begins by hiring an attorney.

Understanding the Breach

The first step is to understand the breach clearly. Review the contract thoroughly to identify which specific provisions have been violated. Determine whether the breach is minor or material, as this will influence your subsequent actions. A minor breach may warrant a different response compared to a material breach that significantly impacts your business operations. Document every detail, including how the breach occurred and any related communications or actions.

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 Posted on May 21, 2024 in Litigation

Shareholder disagreements are an unavoidable part of working in business. However, if such disagreements are not properly resolved, they can have a negative effect on the health of a company. Florida state law has a clear structure for solving these disputes while fully respecting the business and ensuring the sustainability of stakeholder rights. 

If you are involved in a shareholder disagreement, understanding your rights and options is important. By hiring an attorney, you can ensure you understand how to properly navigate the situation while keeping the law and protecting your own rights.

Understanding Shareholder Voting Rights

In Florida, shareholders have the right to vote on various matters affecting the corporation, such as selecting and dismissing directors and supporting substantial changes like mergers or acquisitions. Voting rights are generally proportionate to held shares. By understanding your voting rights, you can help influence important decisions that may resolve or prevent disputes.

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 Posted on May 17, 2024 in Business Law

Trust and responsibility are fundamental elements that shape the dynamic between business partners. In Florida, these principles are further cemented through the concept of fiduciary duties – a set of obligations that partners owe to each other and to the business as a whole. To understand the significance of fiduciary duties and their profound impact on business relationships in the Sunshine State, contact an attorney.

The Essence of Fiduciary Duties 

Fiduciary duties encompass a range of obligations, including the duty of care, the duty of good faith, and the duty of disclosure. These duties form the foundation of ethical and legal standards business partners must follow in their interactions and decision-making processes. Failing to uphold these duties can lead to legal consequences and jeopardize the stability and success of the business.

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