Business Litigation Blog
Does an LLC Need an Operating Agreement in Florida?
Only a handful of states statutorily require that new LLC’s create an operating agreement. Even if there is no legal requirement to do so in Florida, however, an LLC should have one. When things are going well within an LLC, members often don’t see the necessity for an operating agreement, but when disagreements arise, having one… Read More »
Member Versus Manager Managed LLCs in Florida
When setting up a limited liability company (LLC) in Florida, you need to decide how the business will be managed. An LLC functions similar to a corporation, but the management structure is different. You can choose to either have it managed by one or more members, or by a manager. Why Do You Need… Read More »
Blue Sky Laws and Financial Securities Fraud
The term “Blue Sky Laws” are state regulations that are designed to protect potential investors against securities fraud. They require sellers of new issues to register the offerings, along with providing applicable financial data, unless there is some sort of exemption. This helps give investors more peace of mind when it comes to investing… Read More »
What is the Statute of Frauds and How Does It Affect a Contract?
In essence, the Statute of Frauds refers to the requirement that some types of contracts need to be in writing and signed by the parties in order to be valid, otherwise they are not enforceable. It’s important to reach out to a knowledgeable Florida business litigation attorney if you feel you’re dealing with a… Read More »
Potential Pros and Cons of an LLC
You’re considering forming an LLC for your business, but now what? It’s important to hire a Florida business litigation attorney to walk you through the steps and determine if an LLC is actually the right structure for your business. Here’s a look at some potential pros and cons to forming an LLC. Pros of… Read More »
Legal Defenses to a Contract
In order for a contract to be enforceable, it has to be free from any legally recognized defenses. A defense to any contract is essentially a defect that will prevent the contract from being enforced. This can result from different types of errors or the inability for one party to enter into the contract…. Read More »
How to Dissolve a Corporation
Unless a limited duration is expressly noted in the articles of incorporation, a corporation exists in perpetuity. Therefore, in order to dissolve a corporation, formation action must be taken by the corporation itself, or by others, in order to terminate its existence. Corporations can be dissolved in one of two ways: voluntary or involuntary…. Read More »
Unique Problems for Publicly Held Corporations
Publicly held corporations have a unique set of challenges compared to those that closely held corporations have to manage. While the stock is transferable, it’s also subject to strict, complex securities regulation. Their larger size also places public corporations high on the radar for more rigorous scrutiny by administrative agencies in areas like antitrust,… Read More »
Are Instagram Images Copyrightable?
With the increasing popularity of photo sharing social media sites like Instagram, understanding applicable copyrights can become more complicated and confusing. One of the main questions that frequently comes up is whether posted Instagram images are copyrightable and who owns the original copyright. In general, when you upload a photo to Instagram, you do… Read More »
Enforceability Of Non-compete Clauses In Florida
There are many reasons an employer may not want a leaving employee to open a competing business or join an established competitor after leaving the employer. Whether or not the employee leaves under friendly terms or is fired following a negative incident, the employer may want to protect its interests by restricting the kind… Read More »
