News & Articles

Leave Texting Out of Your Business Routine

Many small businesses use modern smart phone features to carry on their day-to-day business. As a result, those features may create issues if communications are sought to be used as evidence in commercial litigation. Text messages are one such feature. Why? A text message presents unique issues. First of all, authentication of the message sender […]

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New Florida Revised Limited Liability Company Act

The new Florida Revised Limited Liability Company Act will take effect on January 1, 2015 for all Florida limited liability companies (“LLC”).  Currently existing Florida LLCs may opt into being governed by the new law beginning on January 1, 2014 if they wish, but any new Florida LLCs which are formed in 2014 and all existing foreign LLCs […]

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Arbitration Provisions Can Have Significant Impact upon Your Rights

A new breed of contract arbitration provisions may be just around the corner. A divided United States Supreme Court recently decided that antitrust claims arising out of a merchant account contract containing an arbitration provision prohibiting bringing any claim on a class action basis could only be brought individually even though the costs of proving […]

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Florida changes limited liability company laws

The Florida legislature has passed some significant changes to its limited liability company laws. The changes become law on July 1, 2013, with effective dates on January 1, 2014 and January 1, 2015, depending upon when a limited liability company (“LLC”) is formed. Since formation of LLC entities has far outpaced those of corporations in Florida in recent years, these changes are […]

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Remember to Ask for FDD Updates!

The franchise disclosure document (FDD) is designed to provide basic areas of information which are  generally important to making an investment decision by a prospective franchisee. The FTC Franchise Rule requires that the FDD be periodically updated, after it is issued, to include any material changes to its disclosures.  But, what if a material change has taken place after the […]

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Loss Mitigation Mediation Program Adopted by Southern Florida Bankruptcy Court

The United States Bankruptcy Court for the Southern District of Florida has implemented a Loss Mitigation Mediation Program beginning April 1, 2013. The program states that it is: “…designed to function as a forum for eligible Debtors to explore loss mitigation options with their lenders (“Lender”) for real property in which the Debtors have an interest […]

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The Perils of Do-It-Yourself Business Entity Formation

Two owners have formed a Florida limited liability company (“LLC”) to operate a franchise unit in Fort Lauderdale. Being good friends who wished to show their deep trust of each other, they intended to be equal owners in all respects. They were proud of having set up their new business without the need of any […]

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Mediation is a Required Part of the Civil Court Process

In today’s busy court systems, one usually cannot get a dispute to trial until she has attempted to resolve it through court-ordered mediation. Mediation is a process in which a neutral person (the “mediator”) uses his skills to help guide the parties through a voluntary, consensual process seeking to achieve a mutually agreeable resolution of […]

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So What Do I Need To Do With This Disclosure Document?

It is very important that you actually read the franchise disclosure document to learn those things which the franchisor is disclosing to you, and to inform yourself as to the issues discussed in it. Failing to do so will work heavily against you in the event you have a future need to seek a legal […]

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Beware of Illegal Pyramid Schemes

Business opportunities are offered in various formats. One is the Multilevel Marketing (“MLM”) business model. Many legitimate companies in the MLM industry lawfully charge low fees to distributors for the right to sell the company’s products, offer refunds on resalable inventory and their distributors actually derive income from the retail sale of products to end-users. […]

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Financially Stressed Franchises

It has been widely reported that franchisee loan defaults rose significantly in 2007 and 2008 [1]. One may expect that trend to continue as the economy continues to suffer.  Because of the complex terms and varying obligations contained in modern franchise agreements, a financially stressed franchisee should obtain experienced legal advice before attempting to resolve […]

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Attention to Detail Important for LLC Owners

One reason for the popularity of limited liability companies (“LLC”) in Florida and elsewhere is the relaxed formality in operating an LLC compared with a corporation. In recent years, many LLC members have decided to form their Florida LLC without the assistance of a lawyer by utilizing the Florida Department of State’s e-filing process.  Those […]

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The True Value of Legal Services

Many new clients often focus upon the expense of hiring an attorney, but rarely appreciate the value of their investing in the legal services which are going to be rendered. Consider the example of Mary, who, having lost her job when her company downsized during the Great Recession, now intends to use her savings and […]

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New Ruling on Single Member LLCs

Judgment Debtor’s Ownership Interest in a Florida Single Member Limited Liability Company is Subject to the Satisfaction of an Outstanding Judgment Florida’s lower courts have previously held that the issuance of a charging order was the only method of subjecting a judgment debtor’s ownership interest in a single member Florida limited liability company (“LLC”) to […]

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