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Like many other aspects of life, businesses are not static. Businesses evolve and grow, decreasing in size in some cases. What this means is that your initial choice of business entity may no longer be suitable.  Changing your business entity may be a necessary step...

Employees with disabilities are entitled to request reasonable work accommodations – and, as an employer, you are expected to engage in meaningful attempts to meet those accommodations.  Accommodations for disabilities can take several forms, and a business that is...

Mid to large-sized companies are made up of a lot of people. It’s important that businesses can manage all of these people – and this is where the Human Resources (HR) department comes in.  HR has numerous responsibilities such as recruitment, training and...

Business owners in Florida face many of the same challenges as their counterparts across the U.S. do. About a quarter of small business owners in the state reported this year that inflation is their biggest problem. It affects the cost of the materials and products...

As an employer, you control how much your employees earn. Many employees expect to see pay raises and promotions the longer they stay with the company.  However, you are not obligated to offer raises, and you may even find yourself in a position where you need to...

Most businesses take note of the advantages that come from diversity in their workforce – but discrimination inside a company can sometimes be hard to combat. Discrimination based on protected characteristics such as race, religion or disability (among other things)...

Launching a business with partners can be as exhilarating as it is daunting. Pair that excitement with smart planning. One of the first things you'll need to figure out is the best legal structure for your partnership. It's a choice that can impact everything from...

Physical assets are just one part of a business. You likely have several non-physical assets that are crucial to your brand.  Elements of your branding are commonly referred to as intellectual property. While you may not be able to hold these assets in your hand, they...

Opening up a new business can be very exciting. However, it is important not to get carried away with excitement and forget key legal requirements.  Depending on the nature of the business, you may require a license. City, county and state levels may have various...

Free online template contracts and agreements might seem like a quick and cost-effective solution for your business needs. However, relying on these generic documents can lead to significant legal issues. Lack of customization Generic contracts often miss important...

There are several different ways that you can communicate with employees. You may hold routine meetings and verbally set out your aims and objectives as well as rules and expectations. While many employees will take in information this way, having it in writing can be...

Contracts govern almost every aspect of business- or at least they should. However, sometimes even experienced business owners come to agreements with employees and clients that are not founded on contracts with “established terms”. Essentially, established terms mean...

Companies typically offer executives high salaries, bonuses and stock options. Companies would insist on a clawback provision in most of these compensation packages. What is it, and why is it essential in executive compensation agreements? What's a clawback provision?...

Starting a business is exciting, but it is also a legal minefield. Many entrepreneurs stumble into pitfalls that could have been easily avoided. Let's explore some common mistakes and how to steer clear of them. Mistake 1: Choosing the wrong business structure One of...

Fiduciary duty is a legal term connecting two entities, often organizations and individuals. The individual may have a fiduciary duty to act in the best interests of someone else. The other entity may be the organization itself or the shareholders in general. As such,...

All businesses sell either goods or services. The majority of companies also deal with other businesses, such as suppliers, to continue running efficiently.  Businesses have to trade fairly. A company cannot employ deceptive practices that deceive customers. The law...

Thankfully, the negative stigma around mental health issues has started to shift in recent decades. Mental health issues are something that both business owners and employees can face at times.  While new business owners don’t tend to employ an on-site counselor at...

Starting a joint venture can be an exciting step for any entrepreneur. It's a way to combine resources, expertise and networks to complete complicated initiatives. However, like any major business decision, this step comes with challenges and risks. This blog...

Starting a new business is an exciting journey, marked by milestones like registering your business, securing a location, and organizing your inventory and equipment. However, many business owners overlook important supplemental contracts that can prevent future...

Receiving a demand letter can be a daunting experience, especially if it comes on a law firm’s letterhead. These letters are often drafted by attorneys with the intent to prompt action by threatening potential legal action. Whether the letter claims that you owe money...

In the United States, around one-third of small businesses (https://www.thebalancemoney.com/should-you-start-a-business-with-family-4091927) are family-owned and operated. Family-owned businesses often thrive due to shared values, trust, and mutual goals among family...

Business ownership is often shared, but this isn’t always the case -- especially when an entrepreneur has a distinctly unique vision. There are occasions when a formal business structure, such as a Limited Liability Company (LLC), is owned by one individual. Simply...

If someone owes you or your business money, one of your options is to file a civil lawsuit against them. If you are successful, then the court will order them to pay the outstanding amount and possibly damages.  Nonetheless, winning a civil suit is only one part of...

When forming a new company, choosing the right structure is a key decision. One popular choice is a Limited Liability Company (LLC). Nonetheless, there are also variations within the LLC structure. For example, it can be member-managed or manager-managed.  A...

There are many different structures that a business can take. For business owners across Florida, a Limited Liability Company (LLC) is a popular choice. This structure shields owners from personal liability should legal disputes occur.  One question that often crops...

A business partnership can be a highly beneficial arrangement. Partners can share responsibilities, obligations and pool resources. Many business partners opt to open a shared bank account, accordingly, which may result in numerous benefits. However, there are also...

Contracts are the foundation of all business relationships. A contract can be tailored toward serving specific purposes and protecting parties involved in transactions. There are numerous different contract types and potential terms. Some contracts may be simple,...

When entering into a brand new business project, there are numerous options at your disposal. All business projects are risky, and you may want to share this risk with another party.  Two possible routes to go down include a joint venture and co-ownership. What is the...

A Limited Liability Company (LLC) is one of the most popular business structures. One of the key advantages of this structure is that it shields the owner from being personally liable. In other words, an owner's personal property can generally be safe should the...

Launching a new business can be very exciting. It gives you the chance to be your own boss and get involved with something you are passionate about. However, it doesn’t come without challenges. You’ll want to ensure that your business is legally protected. One of the...

Human Resource (HR) audits are an often overlooked process. The truth is that audits of this type are extremely important. Audits can help ensure that a company’s HR policies and procedures are in line with the objectives and core ethos of the company. They also...

Non-compete agreements have been a hot topic in recent years. Some argue that they stagnate healthy competition and restrict employees too much. Nonetheless, these contracts are still legally enforceable in Florida, as long as the terms are reasonable. What benefits...

When starting a new business, business partners often assume that they should set up a 50-50 ownership arrangement. It seems easy. The partners can provide an equal financial investment and equally split the responsibilities of running the company day-to-day. However,...

Running a business with your spouse can be very rewarding. It may have been an ambition for the two of you for several years. After all, who is more trustworthy than your life partner?  That being said, operating any kind of family business comes with unique...

For some businesses, having physical locations that are open to the public are necessary for success. Buying a commercial property outright can be vastly expensive, which is why many business owners opt for commercial leases instead. A commercial lease can benefit...

Running a business comes with numerous responsibilities, including managing your team of employees. Every company should have a comprehensive employee handbook as a guide for its workers. Your company’s employee handbook outlines the rules, expectations and core ethos...

As a business owner, you have numerous options in terms of the structure your company takes. One of the most popular choices is to form a Limited Liability Company (LLC). The most important aspect of setting up an LLC is the documentation. An operating agreement is a...

Generally, a business can be acquired in two ways. The purchaser can acquire either 100 percent of the company’s stock, giving them control over all the assets and liabilities. Or, individual assets can be identified and sold, while other assets remain with the...

Technology has changed the way commerce is carried out. Nowadays, the majority of major businesses conduct many of their transactions online. E-commerce has made it easier to access global markets and secure sales with the click of a button. With that being said,...

While business owners play a pivotal role, they generally understand the importance of employees too. There are several ways that employees can be rewarded. For example, they may receive a salary increase or bonus. They may be sent on a family vacation.  Sometimes,...

Running your own business can be rewarding both personally and financially. That said, it does not come without challenges. There may come a point when your business is exposed to creditors. What steps can you take to protect your company from claims? Structuring your...

Ideally, your business will carry out its services and be paid the agreed amount on time. Usually, this is precisely what happens with the majority of your clients. Unfortunately, it doesn’t always work out this way. Delayed or missed payments happen for numerous...

Two strategies that business owners can employ for growth are mergers and acquisitions. Often, these terms are used interchangeably, but they are actually very different in meaning. Taking either route is a significant decision for any business owner, so it’s...

Forming a new business is a significant decision that requires careful thought. The right company with an appealing product or service can quickly take off. At the same time, a business that runs the risk of being dominated by competitors could fail.  This is why it’s...

Running a business can be complex and it requires looking to the future. Many business owners get caught up in the moment and don’t even think about an exit strategy.  Nonetheless, an exit strategy from your business is important, as it offers stability for key...

Running a business involves forming corporate relationships with numerous different entities. Many companies rely on vendors, who can supply the required components to ensure customer transactions run smoothly.  Working with an external party involves a level of trust...

While running your own company can be very lucrative, it is by no means easy. Sadly, the number of corporate bankruptcies are currently at record levels. More than 230 companies declared bankruptcy between January and April 2023. There are no guarantees or risk-free...

Running a business does not mean you have to do it all yourself. Often it is better and more efficient to bring in outside help. One area where this is especially true is the legal arena. As a business owner, you need to know about and comply with a wide range of...

There are numerous factors to consider when running a business. As a business owner, it is not possible to do everything on your own and taking shortcuts will only cause problems down the road. Having an experienced business lawyer on your side is an important aspect...

While turning a profit is pivotal to the success of a company, this is not the only factor that needs to be considered.  As a business owner, you want to make a distinction between your business and personal assets, so that you limit your personal risk if (when) there...

Structure is key for most successful companies. Owners, directors, management and employees all play their own unique roles in hitting targets and objectives. Another fundamental aspect of a well-run company is stability. Staff, stakeholders and consumers need to have...

There are many directions a company can take to expand its operations. Often, two companies opt to combine into one legal entity, joining forces. This is commonly referred to as a merger. Done properly, a merger offers potential advantages through pooled resources and...

Business transactions can be fruitful but it’s important to remember that they are never risk-free. Fortunately, business owners can mitigate the risk involved in business transactions by carrying out due diligence.  What types of due diligence should business owners...

Establishing a new business can be challenging yet very exciting. You may have found the perfect location in Florida and identified a gap in the market that you know you can fill. With so much to do, it can be easy to overlook the legal components of your business,...

Successful businesses typically start with an idea. You may have found a niche in the market and can offer the product or service to fill it. Nonetheless, there is a more formal side to business formation and operations that cannot be ignored. Verbal agreements are...

The corporate world is notoriously competitive, and as a business owner, you need to garner any possible advantage. A top priority for you is likely safeguarding your investments and intellectual property from getting into the hands of competitors. One tool that has...

Business partnerships often require trust, communication and mutual respect to thrive. However, some relationships can turn toxic, with one partner employing manipulative tactics such as gaslighting. Originating from a 1938 play called "Gas Light," gaslighting refers...

The business world is notoriously competitive and successful companies generally have unique products, services and skills that they can provide, as a result. In your company’s case, you may rely on unique methods, technologies, processes or recipes to maintain its...

The business world is notoriously competitive, with rivals constantly seeking to secure an advantage. Nonetheless, companies are legally prohibited from engaging in certain unfair practices that aim to cause harm to competitors. One example of such tactics is referred...

As an entrepreneur, you're adept at balancing your budget and managing the financial health of your small business. But have you considered how macroeconomic issues, like the U.S. federal debt ceiling standoff, might impact your business? For those unfamiliar with the...

A functional business has many moving parts. High-level management, supervisors and other staff all have unique roles to play. Monitoring multiple staff members, particularly if your business is sizable, can be tricky. A human resources (HR) department is something...

As an entrepreneur, you are primed to make decisions concerning managing staff, expanding the company and ensuring client satisfaction. While these are all extremely useful traits, there is also a legal side that must be attended to in order to better guarantee the...

You’ve had the ambition of opening your own restaurant for some time now, and your dream is finally coming to fruition. The site seems ideal and you are awash with ideas. Nonetheless, launching a restaurant isn’t as straightforward as just opening the doors and taking...

You’ve been running your own company for some time now with relative success. However, your ambition is to take your business to the next level. Expanding your company takes a lot of time and financial investments – and it is never risk-free. Thus, you need to choose...

You’ve been operating a successful company for some time, and you’re looking to relocate. After conducting your market research, you feel Florida offers the perfect location. Relocating a business can be complex, and there are rules and regulations that you must...

While running your own business can be rewarding, it’s inevitable that you are going to face challenges at some point. Some of these challenges may come with a summons to appear in court.  Typically, going through the court system is a last resort, and there are...

Many individuals think that running a successful business is all about providing goods or services and selling them at a profit. While this is the foundation of most companies, there is much more to it than this. If it was as straightforward as this, then everyone...

There’s no denying that the corporate world is competitive. That being said, if you develop the appropriate strategy, it can also be very rewarding.  There are very few companies that have no competition, so you’re going to have to keep an eye on your competitors as...

Your entrepreneurial side has always dreamed of running a company. Now, you're in a position to make this happen, and you have numerous routes to choose from. You could start a new business from scratch, creating your own identity, brand and methods. Or, you could...

Business owners know that running a company is not always as straightforward as some make it seem. Follow local regulations, requirements and industry standards, and ensuring that your legal documents and practices are up to scratch is part of the process. An...

If you provide high-quality goods and services then it is only fair that you receive prompt payments. Even successful companies struggle with issues of debt collection from time to time. With the potential for a coming recession, establishing strategies for successful...

Advertising campaigns can make or break a business. Successful adverts, whether that be tv ads, banners, flyers or signs, are memorable.  While you can be creative in your marketing campaigns, there are some advertising regulations that you should know about. Outlined...

Setting up your own business can be an exciting prospect. You get to be your own boss, manage your own team and implement ideas that you believe in. Nonetheless, it’s not quite as simple as just finding a plot and commencing trade right away. Zoning laws dictate what...

Before you launch that fantastic new campaign your marketing team dreamt up, you must ensure it complies with all advertising laws. There are both federal and state laws that have to be constantly considered. Here are the general concepts governing the way you...

The property you lease will be critical to the success of your business. You need the right place, in the right location, with the right terms and price. You may occasionally need to renegotiate the commercial lease for your business. Reasons could include: Looking to...

If you are taking out a commercial lease for the first time, it is crucial to understand that they differ considerably from residential ones. Here are some of the most notable differences to be aware of: The law gives you less protection There is a certain assumption...

Are you planning on expanding your business in 2023? As you prepare for the new year, you will be faced with many legal decisions. If you make wrong choices now, the repercussions could affect your business (and your bottom line) far into the future. To get your...

From marketing to updating inventory, responding to customer queries and managing your employees, a lot goes into running a business. As the year comes to an end, it is only natural to look back at your accomplishments and setbacks, take lessons and prepare for the...

You have endured countless ups and downs, made several wins, and a handful of losses. Well, that’s how business works. And as the year comes to an end, you are probably pushing through the crazy holiday. Clearly, free time is hard to come by. But that does not mean...

There are thousands of books offering advice on how to run a business. You can find advice on anything from marketing to sales tactics, from tax advice to how to avoid legal problems. Knowing those things will be crucial, yet one thing supersedes them all. It’s about...

You’re the founder and current owner of your company. You deserve a lot of credit for getting to where you are today, but you didn’t do it on your own. You’ve always had a solid team behind you and as your company grows the team continues to expand.  You want to...

Your company took on a major project that promised significant profit. You finished the project on time or possibly even ahead of schedule. You kept costs low and communicated with your client regularly about the status of your work.  However, despite fulfilling all...

Goal setting is one of the most important decisions you can ever make for your business. Properly set goals can help you stay focused and steer your business in the direction of growth. While most entrepreneurs think of goal setting as an exercise that should only be...

A well-structured business will typically create a contract for any agreement to ensure their business runs smoothly -- and that includes internal agreements with their employees, partners, shareholders and others. These generally outline what business owners expect...

Attracting customers and finding suitable suppliers takes a lot of effort. So many companies lose these contacts through misunderstandings over the terms of their relationship. To keep them, you need to ensure hat you maintain good communication by creating contracts...

If you're the head of a business, it can be tough to delegate responsibility to others and let go. You may feel like you need to be in control of everything to ensure that your business runs smoothly.  But if you don't delegate, you'll quickly become overworked and...

If you own a business, you’re probably gearing up for everything that the end of the year brings from the holiday rush to holiday vacation schedules for your employees. It’s a lot of work. Nobody is denying that. However, if you want to have a successful operation in...

There has been a lot of debate recently about whether or not the US is entering an economic recession. No matter your opinion on the matter, it is important to be prepared for whatever happens if you are a new business owner. What are some of the ups and downs you can...

Cash flow problems can be very detrimental for a business. That could become even more important in the future, as the country heads toward a potential recession. It is important to plan ahead and try to anticipate these needs, which may allow you to budget for them...

Many businesses choose to operate on an at-will basis, which is suitable in many situations. As the economy of the country changes, some companies are choosing to move to long-term contracts. There are many benefits to this, especially if you’re trying to make sure...

Operating a successful business requires constant adjustments to how it operates. During times when an economic downturn seems likely, appropriate changes to company operations can help the business whether the upcoming financial storm. Accounts receivable or unpaid...

Your business wouldn’t run without the support from your customers, employees, investors, vendors and outside advisors. As the economy gets rough, many of your valued relationships may be struggling. This may be the perfect time to reach out and see if you can lend a...

As you’ve established your business over the years, you’ve made several useful contacts. You’ve been dealing with the same vendor for some time now and think it’s time to negotiate a new deal.  Business negotiations are rarely easy, and both sides may not have the...

Companies sometimes cease operations to do some restructuring. This can occur for various reasons, particularly if partners go their separate ways instead of continuing the partnership or when one larger company splits into smaller companies. Both situations are...

Your business has gained ground in recent years and this is a trend that you want to continue. A large part of your success comes down to your ability to manage your finances but still remain competitive.  You are looking to tap into a larger share of the market space...

The United States is very likely heading into a recession or is in one already. This is going to have a drastic impact on businesses all over the country, just as it did back in 2008. You may be trying to think of ways to weather this recession and keep your business...

It’s no secret that the economy is undergoing a massive correction. Inflation is high, interest rates have gone up and many businesses are struggling to stay afloat. As fears of an even bigger recession loom large, is it time to diversify your existing client base?...

Businesses all across America are doing their best to stay active and relevant as our country faces the current recession. One of the ways in which they are doing this is by diversifying their supply chains. While this is a great way to make suppliers compete for your...

As an aspiring entrepreneur, you may not like the idea of sharing your concept or revenue with anyone else. However, you simply cannot identify and address every possible concern while planning a business without support, nor can you truly evaluate your own ideas and...

You're looking to lease a commercial property for your new business. You found a space that looks promising, and you think that you can afford the rent. But then you're handed the lease, and it's more complex than you expected. It’s important not to sign anything...

When you signed the lease for your commercial space, you may have thought you’d found the perfect location for your business. However, things change. Whether you need more space, less space or you just found a much better location, you want to move as soon as...

With business ventures, it is always best to look before you leap. This can help you to avoid mistakes and potential disputes down the line. If you are starting a new business, there are many issues that you'll need to consider, depending on the type of business...

Non-compete agreements can be a great tool to help protect your business. You don't want your employees to come to the company, learn how to work in the industry, take your intellectual property and company secrets, and then go off and start their own businesses. You...

Your business partner wants to close the business down. Maybe they don't feel as emotionally invested in it as they used to. Maybe they see it as an eventual failure and they're unwilling to continue working to make it succeed. You do not agree with them. You don't...

Signing a commercial lease is a big step for any business, whether it is new or expanding. It’s crucial to take your time and review the lease carefully, so you understand what your obligations are – as well as the property owner’s duties to you. Some business owners...

There are a lot of documents that you want to use when you are setting up a business. One of the most important is a partnership agreement, at least when you're going into business with someone else. These documents are often forgotten, overlooked or entirely...

Businesses often use cease and desist letters to stop harmful and potentially illegal activity by another business or an individual without having to take the matter to court. While a cease and desist letter doesn’t have legal weight in and of itself, it puts someone...

If you and a business partner are looking to open a company together, you may have come up with the idea without getting formal paperwork in place. That's fine, but make sure that you take the time to create a real partnership agreement before the business opens....

You recently launched your company, but you are confident it is going to be a great success. You’ve got a small but solid team around you and the brand is eye-catching. Your staff also has unmatched expertise in the field.  Nonetheless, the corporate world can be...

You started a business a few years ago and it’s been a roaring success. Initially, you were on your own. As you grew, you took on a few team members.  Lately, you’ve been securing new clients and some of them are quite substantial. Is your current workforce going to...

Some of the biggest decisions that a new or growing company makes involve legal questions. To help with this, many business owners seek out business attorneys to guide them through the process. Having the proper business attorney can be very advantageous for your...

If you are a business owner, you probably already know that there are many different kinds of business structures available to those who want to start a new business in Florida. Before you opened your business, you likely put a lot of time and effort into researching...

Every first week of May, the federal Small Business Administration celebrates Small Business Week. According to the SBA's website, it will spend the week marking "the resiliency and tenacity of America's entrepreneurs" and sharing "tools and information that...

It can be an exciting time when your business has grown to the point that you need to hire your first employees. After trying to manage your small business on your own, you are finally ready to add some much-needed support. Employees can be a tremendous asset and help...

Part of building your business is creating the assets that make it unique. You put in a lot of time and effort to help your company stand out and reach your customers. The traits that set your business apart also make it valuable and vulnerable. Several types of...

As both a business owner or operator, everyone should know what qualifies as unfair or deceptive business practices. There is a lot to know about the laws surrounding these actions, making it hard to identify whether a business is engaging in this kind of behavior. To...

The recent Legislative Special Session produced a variety of solutions to major issues facing businesses in Florida. The Legislature’s special sessions addressed significant business and employee matters including employee and family protections, COVID-19...

It can be a thrilling experience when you think of an exciting new business idea. You might sit on the idea for a while so you can get ready for the right time, or you might be prepared to act right away. The early days of a new business can be challenging. As your...

The American commercial landscape – both in Florida and nationally – is uniformly brisk and competitive. And that is hardly surprising, is it? The United States has been a business-oriented country from its inception and leads the world financially as a capitalist...

If you are starting a business, the steps you take in the first stages will have an impact that lasts for years and decades to come. Here are a few simple tips to help you maximize your chances of success and to avoid common pitfalls. Choose the best business entity...

If you’re an officer or director of a company, there are certain legal duties that the law expects you to comply with. Sometimes, another officer or a stockholder may perceive your actions as a breach of those duties, and they may sue you for it on behalf of the...

Today I was contacted by an investigative reporter wanting to interview me about business that are charging Covid-19 surcharges and increasing fees for providing services.  The reporter wanted to know (1) if this is something to be expected, (2) is this legal and (3)...

Below is a link to a white paper for Florida small business owners outlining legal issues related to Covid-19.   Please contact us if you’d like to set up a free consultation with a business attorney related to a specific matter or concern.  We are available by phone...

One of my favorite books is “The 7 Habits of Highly Effective People” by Steven Covey.  If you are starting a business, thinking about starting one or have one up and running and you have not read it, go read it.  Anyways, in the book, one of the ‘habits’ is to “plan...

One of the questions I get asked most often by new clients is whether someone who files a lawsuit in Florida (or is sued in Florida) can win their attorney’s fees from the opposing party.  Like many legal topics the answer is “it depends.”  I hate giving this answer,...