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Category Archives: Business Litigation

BusLaw2

Methods Creditors Use to Try and Collect Personal Debts from Multiple Member LLCs

By McCabe Rabin, P.A. |

Like many other states, Florida doesn’t necessarily allow creditors to take the money or property of a multi-member LLC to pay off personal debts or liabilities incurred by one of the LLC’s owners. However, there is one method creditors may try to use in order to collect against the LLC for the individual’s debts…. Read More »

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Business5

Does an LLC Need an Operating Agreement in Florida?

By McCabe Rabin, P.A. |

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 »

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BusinessPartner

Member Versus Manager Managed LLCs in Florida

By McCabe Rabin, P.A. |

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 »

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Contract3

What is the Statute of Frauds and How Does It Affect a Contract?

By McCabe Rabin, P.A. |

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 »

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LLC

Potential Pros and Cons of an LLC

By McCabe Rabin, P.A. |

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 »

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Contract4

Legal Defenses to a Contract

By McCabe Rabin, P.A. |

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 »

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Copyright4

Are Instagram Images Copyrightable?

By McCabe Rabin, P.A. |

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 »

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NonCompete

Enforceability Of Non-compete Clauses In Florida

By McCabe Rabin, P.A. |

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 »

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Copyright2

Works Made For Hire And Copyright Assignment To An Employer

By McCabe Rabin, P.A. |

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 »

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Are Forum Selection Clauses in a Contract Enforceable?

By McCabe Rabin, P.A. |

Yes, but only when they are mandatory forum selection clauses. Parties to a contract have the right to select and agree on a particular venue to have their disputes determined. The key distinction, however, is whether the forum selection clause is mandatory or permissive. Only a mandatory clause is enforceable such that a court… Read More »

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