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Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls

January 20, 2023 Professional Services Industry Legal Blog

Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally […]

TCPA Litigation: Understanding the Safe Harbor Defense

January 18, 2023 Professional Services Industry Legal Blog

As technology advances, businesses have more options to employ big data and implement lost-cost marketing strategies in reaching customers and generating revenues. However, the Telephone Consumer Protection Act (“TCPA”) contains strict provisions to ensure that businesses are not abusing that technology and harming consumers with harassing telemarketing calls and texts. […]

Are Realtor Referral Sources Protectable Through Non-compete Agreements?

January 18, 2023 Professional Services Industry Legal Blog

Enforceability of Non-Compete Agreements In Florida, non-competition agreements are not enforceable, unless it is supported by the existence of one or more legitimate business interests. Section 542.335, Florida Statutes, governs the enforcement of a non-compete agreement, and it provides a list of business interests that would support enforceability. Specifically, the […]

Severance Agreements: Tips for Ensuring They Are Enforceable

December 30, 2022 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated.  However, there are restrictions on severance […]

Dual Representation in Derivative Litigation: Who Can Represent the Company?

December 15, 2022 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Derivative litigation occurs when a shareholder sues another shareholder, officer, or director of the company for misconduct that harms the company. In many derivative lawsuits, the facts are similar: the majority in control of the company commits some wrongdoing (i.e. stealing corporate funds or misdirecting corporate opportunities), and the minority […]

Part III: What Documents Matter Most In Determining Share Value in a Buyout? An Analysis of Key Documents and Why They Matter

September 21, 2021 Communications & Media Industry Legal Blog, Construction Industry Legal Blog, Franchising Industry Legal Blog, Healthcare Industry Legal Blog, Hospitality Industry Legal Blog, Manufacturing & Distribution Industry Legal Blog, Professional Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog, Technology Industry Legal Blog

Different situations can lead to a corporate buyout.  As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares.  Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]

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