If you’re planning to sell your business, choosing between an asset sale and an equity sale can significantly impact your returns and transition to future endeavors. Read on to learn more about the key considerations when selling a business.
Florida law imposes many requirements on parties attempting to enforce noncompete agreements—some of which can be commonly overlooked. As outlined in the article below, Section 542.335, Florida Statutes, imposes the familiar requirements that can take substantial time and resources to satisfy. In that effort to satisfy the statutory requirements, foundational […]
When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]
When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]
Referral relationships are a valuable business asset that can be difficult to protect with noncompete agreements. Depending on whether your company is seeking to enforce a noncompete agreement or defend against its enforcement, that difficulty can act to your detriment or in your favor. However, Florida courts have evaluated referral […]
Banks and credit unions should not only routinely require, but also closely scrutinize, criminal background checks during the hiring process in order to maintain compliance with applicable regulatory schemes. As lenders and depositories, banks and credit unions are subject to numerous regulatory schemes under both federal and Florida law. This […]
Staffing Agencies that seek to implement, or that otherwise encounter, noncompete agreements need to understand how noncompete agreements work and their typical application in the recruiting industry. This article describes the general principles associated with noncompete statutes and analyzes a case identifying certain “legitimate business interests” (which must be demonstrated […]
As a result of the COVID-19 pandemic, many Florida companies have continued to embrace remote work. This new era of remote work comes with a lot of perks for employees, but also employers, by opening up the pool of potential new employees to those who live in entirely different cities, […]
Operating agreements can provide members of a limited liability company (“LLC”) with the power to create their own governing rules and resolve disputes before they arise. As LLCs become the predominant form of legal entity, members need to consider the importance of an operating agreement to ensure the LLC and […]
What happens if the members or managers of a limited liability company (“LLC”) can’t agree on the operations of the business? What happens if a member fails to comply with terms of the operating agreement or engages in fraudulent conduct? Understanding the processes and procedures for resolving member or manager […]