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
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Recent Blog Posts
Should My Business Use Arbitration Clauses in Our Contracts?
One of the most common clauses that are added to business contracts is an arbitration clause. Many businesses prefer arbitration over litigation, especially given the time and money that litigation can cost a company. If you are considering the use of arbitration clauses in your company’s contracts, make sure you contact a Broward County business attorney to learn the advantages and disadvantages of the arbitration process.
What Is Arbitration?
Arbitration is an alternative dispute resolution process where, per agreement of the parties involved in the dispute, a neutral third party or parties makes a decision that is legally binding. The decision is also private since there are no public filings for the process nor are there any public records.
The parties who are involved in the dispute choose the arbitrator or arbitrators who will then become the party that will resolve the dispute. The arbitration process is less formal than a civil court proceeding, and the arbitrators’ decisions are typically rendered faster than decisions by the court. However, the arbitrator’s decision is legally binding and may be filed as an order of the court.
The Legal and Financial Consequences of a Data Security Breach
Almost on a weekly basis, the news is filled with another company that has suffered a data breach. And the financial repercussions of a breach for a business can be devastating. Just last week, T-Mobile announced a $350 million settlement for a 2021 cyberattack that exposed millions of their customers’ personal information. The company has identified approximately 76 million customers who were affected by the breach.
Although the company is taking a significant financial hit with the settlement, given the size of the corporation, it is likely its financial standing will not be affected in the long run. Unfortunately, for many smaller businesses, a data security breach and the financial penalties that can result can be disastrous.
Hackers Wreaking Havoc
Under the law, all businesses owe a duty of care to their customers to protect their personal information. When hackers steal that information in a data security breach, it can and does cause many issues for those whose information is stolen. Hackers can apply for credit cards in customers’ names, access their financial accounts, and even apply for government benefits.
What Is a Material Breach of Contract?
Businesses rely on contracts to protect their interests and establish clear expectations with others they work with. A breach of contract may occur when one party does not hold up their end of the bargain. This can be damaging to a business, and in some cases, business litigation may be required to resolve the issue. However, the steps that may be taken and the remedies that may be available can differ depending on whether a minor breach or material breach occurred. By understanding what constitutes a material breach of contract and working with an attorney to determine their options, business owners can take the correct steps to resolve these matters effectively.
When Can Landlord/Tenant Disputes Lead to Litigation?
The laws that affect landlords and tenants can often be complex and confusing. There are many different rules and regulations that apply to both landlords and tenants, and it can be difficult to keep track of everything. Unfortunately, when disputes arise between landlords and tenants, they can sometimes end up in court. For landlords, it is important to be aware of the various ways in which a tenant dispute can lead to litigation. While some disputes can be resolved informally or through mediation, others may require more formal legal action, and real estate litigation may be required.
Common Disputes Between Landlords and Tenants
Depending on the nature of a dispute, a landlord may believe that a tenant has taken some actions that would cause them to experience financial harm, or a tenant may claim that a landlord has violated their rights in some way. Litigation may be necessary to address issues such as:
Who Can Be Subject to Non-Compete Agreements?
Business contracts will include multiple different types of clauses and agreements that are meant to protect the interests of the parties. Non-compete agreements can be crucial for many businesses, and they can protect a company's trade secrets, confidential information, and relationships with customers and clients. While these agreements are typically used in employment contracts, they may be included in other types of agreements, and multiple parties may be subject to restrictions on their business activities or the types of work they can perform in a certain geographical area and for a certain period of time. By understanding when non-compete agreements may be used, businesses, employees, and other parties can make sure their rights will be protected, and they can address issues related to the enforcement of restrictive covenants.
What Will an Attorney Look for During a Contract Review?
When running a business, there are a lot of moving parts. Business owners might be focused on day-to-day operations, meeting with clients, managing employees, and other responsibilities. However, they will also need to stay on top of the legal side of things. One of the best ways to ensure that a business is legally protected is to have an attorney review contracts before they are signed. This can help business owners be sure that everything is in order and that they understand their rights and obligations. But what exactly will an attorney look for during a contract review?
What Are the Options When a Partner Chooses to Leave a Business?
There are numerous reasons why partners who have built a business together may choose to end their partnership and go their separate ways. If partners have encountered disagreements about the direction of their company or the way it should be managed, they may no longer be able to work together, and a "business divorce" may be necessary. However, the end of a partnership does not always occur because of conflict. In some situations, a person may decide to strike out on their own and pursue different opportunities, or they may wish to retire and leave the business in the hands of someone who will be more involved in operating it.
Will New Federal Laws Affect Antitrust Litigation?
When business owners face issues that threaten their ability to compete in the marketplace, they may be able to pursue business litigation against other companies that have engaged in unfair or deceptive business practices. Antitrust litigation may be appropriate in situations where a company has engaged in illegal actions such as price-fixing, bid-rigging, exclusive purchase agreements, or predatory pricing. Since the federal laws that apply to these issues have not been updated in several decades, it can be difficult to address anti-competitive behavior in the modern marketplace. However, the U.S. Congress is currently considering a number of new laws that may update antitrust regulations in the era of big tech.
How Can an Employee Handbook Legally Protect a Business Owner?
When running a business, it is important to have procedures and policies in place to protect yourself from legal trouble. One way to do this is to create an employee handbook. A well-written employee handbook can set clear expectations for your employees, helping you avoid misunderstandings and potential legal issues down the road. However, not all employee handbooks are created equal. In order to be effective, an employee handbook must be well-written and tailored to the specific needs of your business.
What Is an Employee Handbook?
An employee handbook is a document that outlines your company's policies and procedures. It should be given to all employees so that there is a clear understanding of what is expected of them. The handbook can also include information about your company's culture and values.
UPDATE: Which Business Structure Works Best For My Florida Business?
Originally published: August 21, 2020 -- Updated: September 8, 2022
Update: In addition to considering the issues described below regarding how a business will be structured and managed, it is also important to consider how a business's structure will affect taxation. Different business entities are taxed in different ways, and business owners will need to be aware of the implications of each different business entity before settling upon one that they think fits best.
Generally, how a business will be taxed will depend on whether it is classified as a corporation or a pass-through entity. In a pass-through entity, the business itself is not taxed; instead, the business's owners are taxed on their share of the business's profits. There are some advantages to using this type of business entity, including a 20 percent deduction that may be taken in cases where a business owner has an annual income of $170,050 or less. Pass-through entities include sole proprietorships, partnerships, and S corporations. Owners of LLCs may elect to be taxed as either an S corporation or a C corporation.
