The P.A., or P.L.L.C. is a corporate structure specifically designed for various licensed professionals who wish to hang their shingle and start their own practice. Fla. Stat. Ch. 621, also known as the Professional Service Corporation and Limited Liability Company Act proscribes certain benefits to those corporations and its members […]
As my high school baseball coach used to say, “proper preparation prevents poor performance.” The saying is equally applicable in preparing for any deposition. Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as the parties’ corporate representatives. The focus of this article is […]
In a closely held business in which one person or a small group of people have control over the company’s voting majority, life can be made difficult for a minority owner. Often times when there is a disagreement about the business the majority owner(s) will use their majority interest in […]
Every small business contract should include a provision that states that the business is entitled to recover the maximum rate of interest permitted by law both prejudgment and postjudgment. Many contracts provide for the recovery of interest, but very few provide for the recovery of postjudgment interest at the highest […]
Corporations that want to make a profit and, at the same time, act in a socially conscious manner can incorporate as Social Purpose Corporations (“SP Corp.”) or Benefit Corporations (“B Corp.”) under Florida law. This type of structure can help steer and maintain the corporation’s goals, help with branding, and […]
Including an attorneys’ fees provision in a small business contract is vital when a small business wants to sue to enforce its contract. Without an attorneys’ fees provision, a lawsuit may become cost prohibitive for a small business. Part 1 of this Blog provided an overview of the importance of […]
When litigation arises, parties to that litigation need evidence to prove their cases. In many instances, non-parties may have documentary evidence to support and/or refute the litigants’ positions in that lawsuit. But, what is a non-party’s obligation to preserve evidence and not be the subject of a claim for spoliation […]
An exclusive venue provision, or commonly referred to as a forum selection clause, is an integral part of every small business contract. Including an exclusive venue provision in a small business contract is extremely important for a small business that provides labor, materials or services to clients located in different […]
A large part of my practice involves litigating contract disputes on behalf of small businesses. I frequently receive inquiries from small businesses that are looking to enforce their contracts. More times than not, the small business has a poorly drafted contract that was either drafted by the small business itself […]
Florida Law requires that any new company wishing to incorporate in the state of Florida file articles of incorporation with the Florida Department of State. The articles of incorporation is the document that establishes the formation of the company. If you are forming a new company seeking to incorporate in […]