The members or managers of a limited liability company (“LLC”) have the power to control the business and affairs of the LLC depending on whether the LLC is “member managed” or “manager managed”. LLCs are unique legal entities that could be considered a hybrid between a corporation and a partnership. […]
Recent changes in “name image and likeness” (“NIL”) law created a new market for goods and services that have never existed before in college athletics. However, the NIL activity that occurred recently remains subject to the federal legal authority that spurred such activity. An understanding of the federal case law […]
When a judgment creditor in Florida attempts to collect on a judgment involving an individual, one mechanism for doing so is through a garnishment action of the judgment debtor’s bank account. Florida has a statutory garnishment process that judgment creditors must follow. See Florida Statute Chapter 77. Not all Bank […]
Well-drafted business contacts contain all types of key provisions, ranging from payment terms, work to be performed, and how disputes are resolved. When it comes to dispute resolution provisions in a business contract, those provisions should address where the dispute gets resolved (known as the forum or venue) and […]
Are you thinking about forming a limited liability company (“LLC”) in the State of Florida? If so, you should give strong consideration to having a written operating agreement in place to govern that LLC. That agreement will serve as the play book for your company and reduce potential conflicts amongst […]
Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. See Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). The Florida Trust Code defines a trust beneficiary as […]
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 […]
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. […]
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. The TCPA is one of the most heavily litigate statutes, often levied in the form a class-action complaints with potential exposure to millions […]
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 […]