Litigation Blog
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 »
Works Made For Hire And Copyright Assignment To An Employer
Copyright law protects a creator’s eligible creative work as soon as it is created. Employees in creative fields of work often produce work product that is immediately protectable under copyright law. The ownership of the intellectual property protected in this way can become a source of dispute if the employer and employee do not… Read More »
What Rights and Duties Does an LLC Operating Agreement Govern?
Under the Florida Revised LLC Act, an operating agreement governs the following areas of an LLC: Relations among and between the members of the LLC and the LLC itself; A manager’s rights and duties; The LLC’s general activities and affairs; and Any conditions or means necessary to amend the operating agreement. §605.0105(1), Florida Statutes…. Read More »
When Must an Out-of-State LLC Register to Do Business in Florida?
Under the Florida Revised LLC Act, a foreign limited liability company may not “transact business” in Florida until it gets a “certificate of authority” from the Secretary of State. But what does that mean? If an LLC buys office equipment from a vendor in Florida without a certificate of authority, does it run afoul… Read More »
