Selling your business is one of the most important decisions you will ever make. The reasons for selling your business can vary. It can be a well planned event culminating decades of hard work, it can occur quickly due to an offer that can’t be refused, or it can be […]
As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the participating/purchasing bank(s) relying on the diligence and underwriting of the […]
When the government takes property from a land owner under eminent domain, it is given that the government must pay the owner for the value of the property taken. However, tenants and leaseholders of property are often unsure as to their rights to compensation. The reality is that owners of […]
When OSHA issues a citation to employers for a workplace safety violation, the citation lists a proposed penalty. Much like a speeding ticket, the employer is not required to pay the penalty immediately and can contest the citation on a number of grounds. The decision to pay the citation or […]
On January 2, 2019, Circuit Court Judge Karen Gievers started the new year off by invalidating the 2017 law regulating medical marijuana in Florida. Judge Gievers ruled the implementing law conflicts with the state constitution and the will of the people that voted to approve Amendment 2 in 2016. Judge […]
In many business transactions, parties attempt to limit their liabilities and shift risk. Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, and depending on the language of the risk shifting provision, […]
Any owner of a business should know that your directors and officers have certain duties to their respective entities, whether it is a corporation or a limited liability company (LLC). Under Florida law, specifically, directors and officers have duties to act 1) in good faith, (2) with reasonable care and […]
Every state has different requirements for what must be disclosed when selling residential property. Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide. In Florida, it has always been a violation of the law […]
Frequently our clients ask us general questions regarding the day-to-day operations of their business. In order to prepare a client to form corporate policies reacting to sexual harassment claims, we first educate them on the process of how an aggrieved employee goes about pursuing a claim. What follows is an […]
Often times the most challenging part of operating a business is ensuring you’re getting paid for your efforts. This involves the effective and efficient handling of delinquent customers, including formal legal action and collection methods. Part I of this blog series discussed the importance of having a written collection policy […]