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Recent Blog Posts
Why Should My Florida Business Seek Outsourced General Counsel?
If you are a business owner, you likely try to avoid getting involved in legal proceedings at all costs. Not only do legal battles take up a lot of your time and money, but it can also be difficult to find an attorney who understands your company and can easily defend you in court. If you are a growing company, you may run into your fair share of legal conflict, and it is best to be prepared for when the time comes. Some companies will go so far as hiring in-house counsel to have by their side at all times, while others may opt for outsourced general counsel for the times when they need it most.
What Is Outsourced General Counsel?
Before you feel the need to have full-time, in-house counsel, it may be best to work with a particular attorney whenever a legal conflict arises. Outsourced general counsel involves working with an external attorney who can handle and manage the routine legal needs of your business on a part-time basis. This can include a number of responsibilities, such as contract drafting and negotiations, human resource issues and documentation, customer agreements, Board of Directors matters, and corporate governance. Depending on the size of your company, you may need help in some or all of these areas.
2 Ways to Settle a Florida Business Dispute Outside of Court
As a business owner, you have likely experienced your fair share of conflict in the workplace. Whether it is an undependable employee or frequent arguments between two employees or a business partner, running a successful business is a difficult task that requires patience, understanding, and a strong hand when necessary. Rising disputes in the workplace can lead to a toxic work environment for everyone, even those who are not involved in the conflict. While going to court to end the dispute is an option, you should consider the two following alternatives before spending the time and money in litigation.
Mediation
Mediation is typically the starting point for business owners who are noticing a dispute emerging. This form of alternative dispute resolution resolves misunderstandings with a neutral party present to manage the process. Mediation is not as structured as litigation and can allow the two disputing parties to discuss their grievances in a private, relaxed setting before getting a judge involved. The mediator is hired to manage the discussion, speaking privately with each party, or bringing the two parties together for further discussion. The mediator’s job is to help the two parties come to a voluntary agreement, not to take on an authoritative role and choose for them.
As Florida Moratorium Ends, Financial Assistance Takes Its Place
Due to the financial impact of COVID-19 on individual families and the economy as a whole, governors across the country put up protections against evictions and foreclosures. Now seven months into the pandemic, states have begun allowing these eviction and foreclosure moratoriums to expire, Florida included. Governor Ron DeSantis’ moratorium expired on October 1, leaving many Floridians panicked about how they will make ends meet. You may be concerned about your family’s financial well-being, feeling as if you are on the brink of bankruptcy. Luckily, financial assistance is available and the Centers for Disease Control and Prevention (CDC) have picked up where some of the states left off.
Affordable Housing Coronavirus Relief Initiative
In late June, Gov. DeSantis announced $250 million in CARES Act funding would be used as rental and mortgage assistance for families who have been negatively impacted by COVID-19. Known as the Affordable Housing Coronavirus Relief Initiative, the large sum of $250 million has been divided into two even pools. One was administered by the Florida Housing Finance Corporation (FHFC) as short-term rental assistance and the other half was released to counties throughout the state based on its reemployment assistance rate. According to the official press release, this second $120 million will be used for rental and homeowner assistance programs such as rehabilitation, new construction, mortgage buydowns, and more for those who have been impacted by COVID-19. The FHFC has information about the progress of the program.
Why Do I Need a Real Estate Attorney When Buying a Home in Florida?
Buying a house is likely one of the most expensive and meaningful purchases that you will make in your lifetime. Whether this is your first home buying experience or your fifth, it is important that you have a legal expert by your side to guide you through the process. Florida law does not require the purchasing or selling parties to hire a real estate attorney, though it is always advisable to do so. Not only can this save you time and money, but a reputable real estate lawyer will confirm that the terms outlined in these complex contracts do indeed match your stated agreement to the seller. If you are considering purchasing a home, our Broward County real estate attorney can guide you through the below steps.
The Purchase and Sale Agreement
One of the first documents in the buying process, the purchase and sale agreement determines the terms of your purchase—and the enclosed details may not be adjusted or avoided later in the process. For this reason, it is important to hire an attorney before signing any legal documents. Florida law requires judges to treat you as if you read every word of a document before you signed it. In other words, if you skipped a few lines and missed key details, the judge will likely still enforce the terms of the agreement.
Do I Qualify for Bankruptcy in Florida?
Finding yourself drowning in debt is never the place that anyone expects to see themselves a few years down the road. Unfortunately, life can serve you with unforeseen circumstances—an ongoing illness that requires regular treatment or the loss of a job and regular income—and you can quickly see your debts piling up. Filing for bankruptcy is often people’s last resort; however, you may come to the realization that you actually do not qualify for bankruptcy. Depending on a number of factors, you may or may not be able to take this route when trying to get your finances under control. While it is always best to consult a bankruptcy attorney to know for sure, you may conduct your own financial analysis first to determine whether or not filing for bankruptcy is an option for you.
Passing the Means Test
There are two common ways to file for bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves the liquidation of your assets, then using these liquidated funds to pay off your debts. Not all assets are eligible, allowing you to keep a number of your assets in the process. Chapter 7 bankruptcy provides you with a financial fresh start once the legal process is complete. Sounds like a great option, right? While this type of bankruptcy is helpful for many families, not everyone qualifies to use its benefits. In 2005, a means test was created in order to make it more difficult for wealthy consumers to file for Chapter 7 bankruptcy. The test uses Florida’s median family income for your household size as an indicator of your eligibility. In 2018, this income threshold totaled to $53,267 per household. In other words, if your household makes less than this amount, you automatically qualify for Chapter 7 bankruptcy. If, however, your household has a combined income that is higher than this amount, you will need to follow additional steps to determine your eligibility.
Is Bankruptcy on the Rise Due to High Unemployment Rates?
It is no secret that the economy has taken a significant hit from the COVID-19 pandemic. As stay-at-home orders initially went into effect back in March, the unpredictability of the virus has many restaurants and other businesses slowly opening as cases fall, only to reel back their services as cases rise again. The uncertainty regarding when things will go back to normal has forced many American businesses to make tough decisions about their workforce, including filing for bankruptcy. Although the entire country has taken a hit from COVID-19, Floridians are seeing some of the most significant financial distress in the country.
Looking at the Numbers
WalletHub conducted an economic analysis of all 50 states to determine who has been hit especially hard by the pandemic. According to their research, Florida ranks as the fifth-worst state when looking at the financial situation of its residents. The analysis was done by looking at credit scores; the number of people whose financial accounts are in forbearance or have deferred payments; the change in the number of bankruptcies filed in January versus July; and search trends for the term “bankruptcy” within that state. It was found that approximately 1.16 million Floridians were unemployed in July, resulting in an 11.5 percent unemployment rate for the state. The location for most of these unemployment numbers? The Miami-Ft. Lauderdale-West Palm Beach metro area with just over 402,000 residents unemployed that same month.
What Is the Status of Florida Evictions and Foreclosures Due to COVID-19?
Since COVID-19 shut down the U.S. economy in March of 2020, the state and federal governments have been trying to pick up the pieces. The virus’s high rate of contagion forced businesses to close their doors and citizens to remain in their households. For some businesses, this meant working remotely for the time being, while others were hit especially hard and have had to make difficult decisions regarding layoffs, furloughs, and even closing their doors for good. Without a steady income, Americans everywhere have struggled to make ends meet, especially when it comes to paying costly rent and mortgage bills.
Flash-forward six months later and legislation is continuing to be made to avoid mass homelessness across the country. Florida has seen an exceedingly high number of positive cases and the state has closed and reopened a few times since March. With 623,471 positive cases and 11,331 deaths in Florida alone at the time of this writing, Governor DeSantis has recognized and addressed Floridians’ financial difficulties in the midst of the pandemic. Foreclosures and evictions are on the horizon for many Floridians, but Gov. DeSantis continues to put off the inevitable for many.
What Are the Risks of Working With a Debt Settlement Company?
When your credit card bills begin to build up and your pockets are feeling empty, you may be unsure of how to handle the situation. Debt can accumulate quickly, and without additional income coming in, you may not be able to pay off your debts by the date that your creditors are requesting. Filing for bankruptcy may be in the back of your mind, but you are likely considering your other options before fully making your decision. There are a number of bankruptcy alternatives, many of which do not fully solve your problems. Debt settlement companies are often considered by those who are deeply in debt and are avoiding filing for bankruptcy. While you may be avoiding bankruptcy, the risks of debt settlement companies are rarely worth taking.
What Is a Debt Settlement Company?
Debt settlement companies have the same goal as bankruptcy -- helping you rid yourself of insurmountable debt. However, these debt settlement programs are typically for-profit companies. The company or program will attempt to negotiate with your creditors to allow you to pay a “settlement” to resolve your debt. This settlement will typically be a lump sum payment that is less than the total amount that you owe. In order to build up this lump sum, the company will request that you set aside money each month into an account that holds your funds for paying off your debt. This savings account will eventually build up to the settlement that the company negotiated for you and you will pay off the debt with that saved money.
I Want to Buy a House in Florida: Where Do I Start?
Despite COVID-19’s impact on the U.S. economy, the housing market has not come to a stop. Since a high number of Floridians have lost their jobs or taken a pay cut in the last six months, many of these individuals are looking to downsize and reduce their mortgage payments. Additionally, some Floridians have begun to recognize the risks that large cities can pose on its inhabitants, choosing to move outside of these urban areas and avoid forced close quarters. And for those who refuse to let COVID-19 put their life on pause, there is no time like the present to start fresh. Regardless of the reasoning behind moving or deciding to purchase your first home, making such a large purchase can be exciting and intimidating. The home buying process involves much more than simply finding the right type of floors or cabinets. From finding a property to completing the closing process, working with a real estate attorney is your best way to be prepared every step of the way.
When Is Protesting Considered “Peaceful” in Florida?
In the midst of recent events and surges of support for the Black Lives Matter Movement (BLM), many political protests have surfaced, drawing thousands of people to one area to show their support for racial equality. As some peaceful protests evolve into violent ones, law enforcement officers are wielding their power against protestors, sometimes targeting peaceful protesters in the process. Before attending a protest and exercising your First Amendment rights, it is important to understand what falls under these legal protections to avoid getting involved in a legal matter or criminal case. If you find yourself facing charges, following the proper peaceful protesting guidelines will only strengthen your litigation or personal injury case.
What Rights Does the First Amendment Protect?
The First Amendment is the foundation of American democracy and represents the core values of the United States: freedom of speech. This critical legislation states:
