The Elliot Legal Group, P.A. Offices | Fort Lauderdale and Boca Raton
3101 N. Federal Hwy., Suite 609,
Fort Lauderdale, Florida 33306
Our Lawyers are Licensed and Providing Representation in the Following Locations:
Florida, Washington D.C., England, and Wales
Fort Lauderdale
754-332-2101
Boca Raton
561-832-8288
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Recent Blog Posts
When Can I Seek an Injunction During Contract Litigation?
In the world of business, contracts are essential for establishing agreements and ensuring that all parties involved fulfill their obligations. However, there are situations where disputes may arise about violations of the terms of a contract. When these disputes escalate to litigation, seeking an injunction can be a powerful tool business owners can use to protect their rights and interests. With the help of an experienced attorney, a business owner can request relief from the court and minimize the harm suffered due to a breach of contract.
What Is an Injunction?
An injunction is a legal remedy that aims to prevent harm or enforce specific actions by ordering someone to do or refrain from doing something. It is typically sought when monetary damages alone would not adequately resolve the issue at hand. In contract litigation, obtaining an injunction can help maintain the status quo until the dispute is resolved.
How Can Small Companies Protect Themselves from Fraud?
One of the most common causes of small businesses failing is fraud. While this fraud can come from outside sources, the most significant threat comes directly from the inside, committed by employees. It is critical for small business owners to take the steps to ensure that they protect their companies and develop strategies to fight fraud. The following is a brief overview of some of these steps. For more details about effective strategies, contact a Florida business lawyer.
Due Diligence in the Hiring Process
One of the most important steps your business can take in preventing fraud is to make sure the people working for you are of good moral character. It is strongly recommended that you conduct background checks before hiring employees.
How Common Are Security Deposit Disputes?
Many Floridians decide to invest in rental properties as a primary or secondary source of income. While this income stream can be lucrative, it can also be wrought with frustrating – and expensive – issues because of problem tenants. We have all heard horror stories of tenants who damage property, refuse to pay rent, or commit serious violations of lease agreements. One of the most common disputes our firm’s Florida real estate attorneys handle involves security deposits.
Florida Law and Security Deposits
When a tenant rents a property, it is common practice for the landlord to require a security deposit. Under Florida law, there is no cap on what a landlord can require for a deposit, however, in most situations, the deposit is equal to one or one and a half months of rent.
Florida law requires landlords to follow certain rules regarding how that deposit should be stored. There are three legal ways a landlord can hold the security deposit:
Preventing Wrongful Termination Lawsuits
One of the downsides of owning your own company is that there will inevitably be situations where you will need to fire an employee. Unfortunately, no matter how valid the reason for that termination is, there are employees who will take legal action against their former employer, claiming wrongful termination.
These lawsuits usually include a request for financial compensation for losses the employee claims they suffered because of being fired. Given how damaging these types of legal actions can be to a company, both financially and to its reputation, it is important to understand what types of actions can trigger a lawsuit and how a Florida employment lawyer can help you avoid them.
On What Grounds Can a Wrongful Termination Lawsuit Be Filed?
Under Florida employment law, most employees are considered “at-will.” This means that an employer is legally able to terminate an employee at any time and for any reason as long as the action does not violate employment laws. Exceptions to that rule are if the employee is working under either a union or employment contract.
What Damages Are Available in a Breach of Contract Lawsuit?
When one of the parties who have entered into a contract with another party fails to live up to their end of the deal, the injured party can file a breach of contract lawsuit, seeking damages for the harm they have suffered because of the first party’s failure to fulfill their contractual obligations. The types of damages available in breach of contract cases can vary depending on the specific circumstances of the case. The following are some of the most common damages pursued in breach of contract lawsuits.
Compensatory Damages
Compensatory damages are the most common type of damages awarded in breach of contract lawsuits. The purpose of these damages is to compensate the plaintiff (injured party) for the financial losses they have suffered because of the defendant’s breach. There are two types of compensatory damages that can be awarded – direct and consequential.
Do I Really Need a Florida Real Estate Attorney?
Purchasing any type of real estate often involves complex documentation, as well as the need to adhere to all legal rules and regulations regarding these transactions. A real estate attorney plays a vital role in various aspects of real estate transactions. Whether you are buying, selling, or investing in real estate, their legal guidance is crucial in ensuring a smooth and legally correct process. The following are some of the areas where a real estate attorney can play a critical role.
Contract Review and Drafting
Real estate transactions involve complex legal contracts and agreements. Your real estate attorney will review and draft these documents to protect your interests. Your attorney will analyze the terms and conditions, find potential risks, and negotiate any necessary amendments to secure favorable outcomes. Your attorney’s legal knowledge and experience will ensure that you understand your rights and obligations before entering into an agreement.
How Can a Business Legally Protect Itself When Terminating Employees
Terminating an employee is never easy, but almost every business owner has had to make that decision at some point. When you have made that decision, it is critical to make sure you handle the situation with professionalism and fairness in order to reduce the risk of potential litigation the fired employee may pursue against your company. The following tips can help.
Prepare and Document
Before terminating an employee, you should prepare all necessary documentation. Review the employee's performance records, any disciplinary actions taken, and relevant policies or contracts. Document any incidents, performance issues, or violations that have led you to make this decision. This documentation will help you clearly communicate the reasons for termination and protect the company if any legal issues arise.
Communicate Clearly and Compassionately
When it comes to letting an employee go, clear and compassionate communication is essential. Schedule a private meeting with the employee and be transparent about the decision. Clearly explain the reasons for termination and provide specific examples to support your decision. Show empathy and respect, acknowledging the impact it may have on the individual. While it is important to be firm, make sure to avoid any demeaning language. Maintain a professional demeanor throughout the conversation.
What Should Be Included in a Start-Up Company’s Bylaws?
There are a multitude of decisions you need to make when you are starting a new business. One necessary step is establishing the bylaws that will govern your company’s decision-making process and internal operations. Bylaws serve as a type of roadmap for how the company will run, including defining rights, responsibilities, and procedures that will guide its operations. The following is a brief overview of some of the issues that you may want to consider in your new company’s bylaws.
Company Structure
The bylaws of your company should specify what the company structure is – i.e., partnership, LLC, etc. You should establish the roles of key personnel, including directors, officers, and shareholders, and what their responsibilities will be. You should also specify the powers and limitations each of these positions has in order to ensure clarity and accountability.
Attention Commercial Landlords!
As we navigate the ever-evolving field of real estate law, our team is here to ensure you stay informed and prepared. Today, we're shedding some light on a critical aspect of commercial leases – the language that shapes them.
In legal disputes, the specific wording of your commercial lease can be a game-changer. Notably, the language regarding the mitigation of damages has a profound influence on outcomes. Unlike residential leases, commercial leases are not subject to statutory control that might override terms deemed inequitable. Instead, parties are bound by the exact language of their agreement, no matter how it might prove disadvantageous later.
Remember, a commercial landlord has no common law or statutory obligation to mitigate damages. This means, should a tenant default, you as the landlord are not legally required to take steps to lessen potential damages, such as re-letting the premises quickly.
Understanding the Process for a Business Divorce
When most people hear the word “divorce,” they usually think of a married couple ending their marriage. But businesses can also go through divorces. A business divorce refers to the legal and financial separation of partners or co-owners in a company. Just like in personal relationships, business partnerships can encounter irreconcilable differences and conflicts that make it necessary for the parties to part ways.
Business divorces can be complex, requiring careful consideration of legal, financial, and operational aspects. The following is a brief overview of what a business divorce entails. For more detailed information, contact a qualified business attorney.
Defining Business Divorce
A business divorce occurs when partners or co-owners decide to dissolve their business relationship due to reasons such as disagreements over strategic direction, financial disputes, differing work ethics, or personal conflicts. It involves untangling shared assets, liabilities, and responsibilities accumulated throughout the partnership. The process typically involves negotiations and legal proceedings to divide the business assets, address financial obligations, and establish a plan for the future.
