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Category Archives: Business Litigation

NonCompete2

Can You Enforce a Non-Compete Clause in Florida?

By McCabe Rabin, P.A. |

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 »

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What is a PLLC and How Does it Differ from an LLC?

By McCabe Rabin, P.A. |

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 »

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Involuntary Dissociation with Florida LLCs

By McCabe Rabin, P.A. |

Newly formed LLCs in Florida run the risk of drafting an operating agreement that is missing key elements, like what to do when the LLC members reach a deadlock. Even if your LLC does not have an operating agreement that discusses how to remove a member, Florida’s Revised Limited Liability Company Act (the Act)… Read More »

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Instituting a Deadlock-Breaking Mechanism in Your LLC Operating Agreement

By McCabe Rabin, P.A. |

Disagreements between LLC members, at some tpoint,  are inevitable. When members fail to reach an agreement on certain material matters, or set a dispute resolution procedure to break a tie vote, it is typically referred to a “deadlock.” Deadlocks can break down business processes, cause efficiency problems and loss of revenue, present distractions and… Read More »

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Legal2

Dissolving an LLC in Florida

By McCabe Rabin, P.A. |

When starting a new LLC, there is typically optimism that the business will be successful and that the members will get along well.  In reality, however,  things happen over time and disputes may arise between members in an LLC. In these cases, there is a some chance the LLC will be headed to what… Read More »

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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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