Category Archives: Business Litigation
What to Do When Your Partner Dies and Leaves His or Her Share to a Spouse
It is not uncommon for a businessperson in a partnership to leave his or her share of a company to a spouse in his or her will. However, issues may arise upon the death of that partner, especially when the recipient spouse is unwilling or unable to take over the responsibilities that the share… Read More »
Is a Handshake Considered a Binding Contract in Florida?
These days, nothing is legally binding unless it is written in ink and signed…or is it? Florida recognizes both written and oral contracts, something Florida Power & Light, Co. (FPL), a major energy company, learned the hard way last year. According to court reports, a realtor met a representative of FPL at a parents’… Read More »
What You Need to Know to Avoid Worker Classification Issues
Independent contractors are an increasingly popular alternative to full-time employees, as independent contractors cost much less and are less of a liability than full-time workers…or are they? While independent contractors CAN pose less of a liability, when workers are misclassified as contractors, they can actually create quite a headache for employers. If you are… Read More »
Client Lists: To Whom Do They Really Belong?
When a person works for a company for several years, he or she may amass several clients with whom they have built strong connections with. Because of the nature of the relationships, the employee may feel entitled to copy the client list prior to quitting or leaving the company and take that list along… Read More »
When a Customer Accuses an Employee of Theft, it is Time to Legal-Up
Thanks to what is known as “respondeat superior,” an employer may be held liable for an employee’s wrongful or negligent actions that are carried out within an employee’s normal scope of work. For instance, if an accountant is responsible for taking client payment information over the phone and entering it into the system, and… Read More »
Is a Non-Compete Enforceable in Florida?
In most states, non-compete agreements are unenforceable. In Florida, however, they are perfectly legal. According to Florida Statute 542.335, non-competes—which are contracts that “restrict or prohibit competition during or after the term of restrictive covenants”—may be enforceable so long as the contracts are reasonable in area, time, and the line of business. If you… Read More »
Tips for a More Efficient Merger, Part 2: Organizing Data
As we stated in our previous post, mergers and acquisitions may be standard business maneuvers, but they are still complicated and take considerable time and know-how to complete. Businesses that approach the merger process without a clear idea of what they are doing or what the investigative agency is looking for risk putting a… Read More »
Tips for a More Efficient Merger, Part 1
Merging businesses is an age-old maneuver that helps businesses grow and compete in a saturated market. An acquisition can help a floundering business owner regain the money he or she invested in the business and then some, or it can help a large company grow even bigger while cutting out the competition at the… Read More »
The Dangers Businesses Face of Misclassifying Employees
It is that time of year again—time for businesses to send out their W-2s and 1099s so that they can file their taxes and stay in good standing with the IRS. Thanks to the internet and the independent nature of a lot of positions, more companies are opting to hire independent contractors than they… Read More »
How to Deal With a Breach of a Business Contract
A breach of contract in business has the potential to be costly and financially devastating, especially for smaller organizations. If a client, partner, investor, or anyone else you have a working relationship with violated a written agreement, you have the option to sue the offending party. While not all violations are worth filing a… Read More »