Business Litigation Blog
I Just Received a Subpoena for Deposition. What Do I Do?
The last person you want to see when you open your front door is a process server. Despite your best intentions, one day, it could happen to you. Process servers are tasked with delivering an assortment of court documents, including discovery subpoenas in civil cases. This post will address what to do when you… Read More »
Resolving 50/50 Shareholder Disputes in Florida
Resolving shareholder disputes can be challenging and complex, particularly when there is no shareholders’ agreement in place that defines the shareholders’ rights and remedies. In corporations that are owned 50/50 by shareholders and lack a shareholders’ agreement, the main risk is a voting deadlock on important issues, which may ultimately lead to dissolution of… Read More »
How Do You Dissolve a Florida LLC?
Florida LLCs are governed by Chapter 605, Florida Statutes, commonly referred to as the Florida Revised LLC Act (the “Revised Act”). One of the important topics it covers is the several methods to dissolve a Florida LLC. If you are looking to dissolve your Florida LLC, or it is the subject of an involuntary… Read More »
Avoiding and Resolving Florida LLC Member Disputes
Going into business with additional people can be a positive decision, as multiple minds can be better than just one. However, the more people involved, the greater the likelihood for disputes among those individuals to arise. It doesn’t matter whether it’s a partnership, a corporation, or an LLC, disputes can occur even among family… Read More »
Protecting Yourself from Unregistered Security Entities
As an investor, it’s important to protect yourself against investment scams and unregistered securities. At Rabin Kammerer Johnson, , we have experience in representing investors and other members of the public against securities brokerage firms, broker-dealers, and registered investment advisors which have mismanaged investor funds. If you are investing on your own, you also… Read More »
How to Expel an LLC Member in Florida
As an LLC member, you might be wondering if the law allows you to expel another member. Yes, Florida law allows for the expulsion of an LLC member in limited cases. There are certain circumstances that must apply pursuant to the Florida Revised Limited Liability Company Act, known as the “Revised Act.” Outside the… Read More »
Can You Enforce a Non-Compete Clause in Florida?
As an employer, preparing non-compete clauses can be useful when it comes to protecting certain aspects of your business. It is important to draft a legally binding agreement so that it can be enforced in the event of a breach by the former employee. In Florida, a non-compete agreement can be enforced provided it… Read More »
What is a PLLC and How Does it Differ from an LLC?
PLLC stands for professional limited liability company, which is similar to a regular LLC, or limited liability company. The main difference is there are requirements and restrictions that limit the formation of a PLLC to a business that provides a “professional service.” Chapter, 621, Florida Statutes defines the term “professional service” as any personal… Read More »
Common Deadlock-Breaking Mechanisms for LLC Disputes
When preparing an LLC operating agreement, you should include member deadlock-breaking mechanisms. When a deadlock occurs, it can create problems and cause disputes between the LLC’s members. Without any deadlock-breaking mechanisms, the LLC may face a number of avoidable problems, including litigation expenses, loss of productivity, and resentment between members. In extreme situations, a… Read More »
Can an LLC Expel an LLC Member in Florida?
Disputes between LLC members are relatively common, and there are situations where the discussion of expulsion comes up. In Florida, you can only expel an LLC member under certain circumstances, which are outlined in the state’s Revised Limited Liability Company Act, known as the “Revised Act.” The Revised Act took effect on January 1,… Read More »
