Contracts govern most business relationships in Florida. They dictate the terms and conditions of an agreement between two parties. Typically, business owners work with lawyers to ensure their contracts are well-drafted and plan for potential conflicts. However, even the most well-written agreements can lead to disputes. A breach of a contract occurs when one party fails to uphold or...
Business simply is not done like it was in the old days anymore. A firm handshake and a nice meal are no longer substitutes for a solidly written contract. Florida business owners now want to enter into a written contract that outlines what each party is obligated to do and what each party will receive in return. Sadly, most...
Injunctive relief, also called an injunction, is a legal remedy. It either stops someone from doing something or requires them to do something. It’s used when no other legal remedy is available and to prevent irreparable harm. Injunctive relief is typically sought when monetary damages are insufficient to right a legal wrong or prevent future harm. There are two...
Two or more people entering a business relationship is generally called a partnership. Most people enter these relationships with the best intentions but often don’t plan for when things go wrong. Partnership disputes arise when disagreements occur between business partners regarding various aspects of their partnership, such as finances, management, or ownership. Timely resolution is crucial to prevent further...
When you lose a loved one, the last thing you want to do is get into a fight about what should happen to their property. Yet, family members or others in your loved one’s life may be unexpectedly willing to turn your loved one’s death into a fight. Before you respond to or escalate probating your loved one’s estate,...
Generally, probate litigation involves challenging the administration of the estate of a deceased individual (i.e., decedent). Florida law attempts to ensure estates are closed as soon as possible to avoid a decedent holding title to any property for an extended period. As a result, the statute of limitations on probate litigation is relatively short. With few exceptions, you must...
Losing a loved one is hard. Worrying about the deceased’s estate only adds stress to the situation. Probate is the legal process through which a deceased person’s estate is administered and distributed under court supervision. It involves submitting and validating the deceased person’s will in the proper Florida court, identifying and inventorying assets, paying debts and taxes, and distributing...
A business entity is an organization that engages in commercial, industrial, or professional activities. There are various entity structures to choose from, and each type has its unique structure, rights, and responsibilities. Two of the most common types of entities are the corporation and the limited liability company, or LLC. A business owner may choose an LLC for its...
When it comes to business entity structure, only some are as versatile as the limited liability company (LLC). Offering liability protection and flexibility, LLC owners are not personally liable for the company’s debts or liabilities, protecting their personal assets. Also, LLCs have fewer formalities and paperwork requirements than corporations, making them easier to manage. They offer pass-through taxation, where...
The US Department of Labor (DOL) enacted a new Independent Contractor Rule on January 9, 2024, which refers to the Fair Labor Standards Act (FLSA or Act). The FLSA was introduced to eliminate “labor conditions detrimental to the maintenance of the minimum standard of living necessary for health efficiency, and general well- being of workers.” The new Rule is...